What is the residency requirement for adoption in Texas?

Texas does not set a minimum number of months you must have lived in the state before a stepparent adoption can go forward. The residency citation for Texas is Tex. Fam. Code § 162.009, and it does not impose a waiting period on you.

The child's time in Texas. There is a separate point to know about. Texas lists a 6-month period in which the child lives in Texas before the petition is filed. If you recently moved, or the child recently came to live with you, ask the District Court clerk in your county how this applies to your family before you file.

Where you file. Stepparent adoptions are filed in a District Court. Texas has 254 counties, and your petition goes to the court in your county, whether you live in Houston, San Antonio, Dallas, Austin, Fort Worth or somewhere smaller. The clerk can confirm local filing details, such as which courthouse handles family matters and how to submit your papers.

If you are thinking about adult adoption. Texas law describes the person adopting an adult as "an adult residing in this state" (Tex. Fam. Code § 162.501). The adult adoption petition is filed in the county where the petitioner lives. For questions about the person being adopted, such as where they live, ask the District Court clerk or an attorney.

What this means in practice

• You do not need to count months of Texas residency to qualify as a stepparent adopter.
• The 6-month period applies to the child living in Texas before filing.
• Court filing fees typically run $200-$500, depending on the county.
• Once the case is filed, a stepparent adoption in Texas typically takes about 3 months. An adult adoption typically takes 4-8 weeks.

When to get personal guidance. Residency questions can get complicated if you moved recently, if the child splits time between states, or if the other parent is contesting the adoption. For your exact situation, the District Court clerk in your county can explain local procedure, and an attorney can advise you on contested or unusual circumstances. Court staff cannot give legal advice, but they can tell you what the court needs to see.

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 Texas 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. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee.