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Who is eligible to adopt a child in Texas?

There are over 30,000 children in foster care within Texas and hundreds of thousands of children across the country that are searching for a family.  Children needing to be adopted range in age from infants to teens.  There are several different options for adopting a child, including adopting a child in foster care or private adoptions of children.  Our Midland, Texas family law attorneys at Navarrete & Schwartz, P.C., discuss some of the requirements for adopting in Texas and steps you should take if you are looking to expand your family through adoption.

Eligibility to Adopt in Texas

Texas law sets out some basic requirements that prospective parents must meet in order to be eligible to adopt a child. Adopters must:

  • Be 21 years of age or older;

  • Be willing to submit to a criminal history check;

  • Be willing to complete an adoption application and provide references;

  • Complete a home study, which will include interviews with members of your household; and

  • Be willing to attend training to learn about issues that adoptive children might face.

The Adoption Process

If you are just starting out in the adoption process, you should start by exploring your adoption options.  You may wish to seek a private adoption with the assistance of your adoption attorney or an adoption agency.  Private adoptions often involve newborn infants.  You may also want to consider adopting a child through the foster care system.  Adopting a child out of foster care can be less expensive and may proceed quicker than a private adoption, depending on the specific child’s circumstances.

Your decision to adopt either privately or through foster care will dictate the steps you take next. Adopters who want to use a private adoption agency will need to schedule their home study through the agency or adoption law firm.  Those wishing to adopt from foster care will need to work with the state agency to pass the requirements to adopt a foster care child.  Your adoption agency can assist you in searching for your perfect child and your adoption attorney can complete all of the legal documents and hearings necessary to finalize the adoption.  

Deciding to adopt is a big step.  Consult with a Texas family law attorney early on to explore your options and next steps towards welcoming a new child into your family.