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Texas stepparent adoption is handled under Texas Family Code Title 2, Chapter 162, and is filed in the District Court in your county. Here is how the main pieces fit together for a stepparent adopting a stepchild.
Where you file. Adoption petitions go to the District Court. Texas has 254 counties, and the clerk in your county can tell you about local filing procedures. Major cities such as Houston, San Antonio, Dallas, Austin and Fort Worth each have their own county court offices.
Who can adopt. Tex. Fam. Code § 162.001 sets out the adoption requirements, and it begins by allowing an adult to petition to adopt a child. For how it applies to your family's situation, the District Court clerk or an attorney can confirm the details, including how residency applies to you.
The other parent's consent. Whether you need the other biological parent's consent depends on the facts. Texas lists grounds for ending a parent's rights in Tex. Fam. Code § 161.001, including abandonment. Under that law, abandonment can involve a parent failing to support the child for at least six months, or failing to maintain contact for one year or more. Occasional child support payments alone don't prevent an abandonment finding, and token contact doesn't either, because courts look at the whole relationship, including emotional support and involvement. If the other parent is likely to contest the adoption, or you don't know where they are, talk to an attorney or the court clerk about your specific situation.
The child's consent. Texas sets the child consent age at 12 (Tex. Fam. Code § 162.010).
Home study. In a stepparent adoption, the home study is waived (Tex. Fam. Code § 107.153(a-1)).
Timeline. A stepparent adoption in Texas typically takes about 3 months.
Cost. Court filing fees generally run $200-$500. A family handling the paperwork without an attorney can typically finish for under $850 total, compared with $3,000-$5,000+ for attorney-handled adoptions.
What adoption gives your family:
- Full parental rights and responsibilities
- Inheritance rights for the child from the stepparent
- Medical decision-making authority
Stepparent adoption in Texas at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3 months
- Court filing fee
- $200-$500
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- Texas families we've helped
- 3,478
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