How old do you have to be to adopt in Texas?

In Texas, you need to be an adult to adopt. The law says "an adult may petition to adopt a child" (Tex. Fam. Code § 162.001(a)), and an adult is someone 18 or older. For a stepparent adoption, that means you file your petition with the District Court in your county.

What the law says about your age

• The statute sets the requirement as being an adult, not a particular age beyond that.
• Adult adoption works the same way. The person petitioning must be an adult residing in Texas (Tex. Fam. Code § 162.501).
• Beyond being an adult, the court also looks at whether you have the right to file for the child you want to adopt. Your District Court clerk can confirm how that applies to you.

Is there a required age difference?

The Texas provisions we rely on don't state a minimum age gap between the adopting adult and the person being adopted. If you're in an unusual situation, such as a stepparent close in age to the child or an adult adoption, ask the District Court clerk in your county or an attorney to confirm how the court handles it.

Other age-related points for stepparent adoptions

• Child's consent: Texas sets the child's consent age at 12 (Tex. Fam. Code § 162.010). If the child you're adopting is 12 or older, plan for that step.
• Other parent's rights: The other parent's situation matters more than your age. Under Tex. Fam. Code § 161.001, abandonment is tied to a parent failing to support the child for at least six months or failing to maintain contact for one year or more. Whether it applies to your family depends on your facts, so talk to the court clerk or an attorney if the other parent's consent is uncertain or contested.
• Home study: For stepparent adoptions in Texas, the home study is waived (Tex. Fam. Code § 107.153(a-1)).

Timeline and cost

A Texas stepparent adoption typically takes about 3 months. An adult adoption typically takes 4-8 weeks. Court filing fees generally run $200-$500, depending on your county, and the District Court clerk can give you the exact amount.

Where to file

Texas has 254 counties, including Houston, San Antonio, Dallas, Austin and Fort Worth. You file in your county's District Court. Adult adoptions are filed in the county where the petitioner lives, and the court may be a District Court or a statutory county court with family-law jurisdiction (Tex. Fam. Code § 162.501).

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself, without an attorney. The price is $349 for the first child or for one adult adoptee, and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, and our 100% court acceptance guarantee backs the package. We've helped 3,478 Texas families, and more than 34,000 families nationally since 2001.