What are Texas's adoption laws?

Texas adoption law is found in Texas Family Code Title 2, Chapter 162, and for a stepparent adoption the case is filed in the District Court in your county. Here are the main points a parent or stepparent usually wants to know.

Who can adopt: Under Tex. Fam. Code § 162.001(a), an adult may petition to adopt a child. The court clerk or an attorney can confirm how the court's standing rules apply to your family's situation.

Where you file: Texas has 254 counties, including those around Houston, San Antonio, Dallas, Austin and Fort Worth. Your petition goes to the District Court in your county, and local filing details can vary, so the clerk can confirm them.

Residency: Under Tex. Fam. Code § 162.009, Texas sets no minimum residency period for the adoption itself.

The child's consent: A child who is 12 or older must consent to the adoption (Tex. Fam. Code § 162.010).

The other parent: If the other legal parent will not sign, the adoption can still move forward when the court finds grounds under Tex. Fam. Code § 161.001. Abandonment is one such ground. It can apply when a parent has failed to support the child for at least six months, or has failed to maintain contact for one year or more. Occasional child support payments do not by themselves prevent an abandonment finding, and neither does token contact, because the court looks at the whole relationship, including emotional support and overall involvement. Termination does not have to be a separate case. If the other parent contests the adoption, or you don't know where they are, the outcome depends on your facts. An attorney or the District Court clerk can help with that specific issue.