What if the biological parent lives in another state — can I still adopt in Texas?

Yes. A biological parent who lives in another state does not change the basic path: you still ask a Texas District Court to grant the adoption under Texas law, including Tex. Fam. Code § 162.001. What matters is whether the other parent consents or whether the court can find that the parent abandoned the child. Where that parent lives matters much less.

Consent from an out-of-state parent: If the other parent is willing, their consent is the simplest route. Texas courts also approve adoptions without consent when a parent has failed to maintain meaningful contact with the child or failed to support the child. How an out-of-state parent signs, is notified of the case, or is located when their whereabouts are unknown depends on your facts. Ask the District Court clerk in your county or an attorney about those steps.

If the parent will not consent: abandonment: Under Tex. Fam. Code § 161.001, abandonment 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. Two points are worth knowing:

• Occasional child support payments alone do not prevent an abandonment finding. Courts look at the whole relationship, including emotional support and overall involvement.
• Token contact does not prevent an abandonment finding either.

A parent who objects, or whose involvement is partly there and partly missing, makes your case a contested one. For that situation, talk with an attorney about your specific facts.

Residency: Texas has a residency provision at Tex. Fam. Code § 162.009. Because your family's situation may involve a move or time spent elsewhere, ask the District Court clerk in your county how residency applies to you before you file.

Timing and cost: A Texas stepparent adoption typically takes about 3 months. Time spent reaching or notifying a parent in another state can affect your own timeline, and the clerk can tell you what to expect locally.