Stepparent adoption allows a stepparent to become a child’s legal parent, with the same rights and responsibilities as a biological parent. In Texas, this process requires court approval, proper consent or termination of parental rights, and careful attention to procedural rules. At Navarette & Schwartz, PC, we represent families throughout West Texas who want to formalize the parent-child relationship they are already living every day. We help you move through the adoption process efficiently while keeping your family’s goals and long-term stability at the center of every decision.
Why Choose Us
- Decades of family law experience serving families across West Texas
- Direct, practical guidance at every stage of the stepparent adoption process
- Clear communication about timelines, requirements, and potential obstacles
- A steady, respectful approach in cases involving consent or contested parental rights
- Local knowledge of West Texas courts and family law procedures
What Stepparent Adoption Accomplishes Under Texas Law
Stepparent adoption does more than recognize an emotional bond. It creates a permanent legal relationship between you and your stepchild. Once the adoption is finalized, you are treated as the child’s legal parent under Texas law.
This means you will have the authority and responsibility to make decisions involving:
- Education and school enrollment
- Medical care and health insurance
- Day-to-day parenting decisions
- Financial support obligations
- Inheritance and legal family status
After adoption, the child becomes your legal heir, and your parental rights remain protected even if the child’s other biological parent dies or becomes incapacitated. Married stepparents, including same-sex spouses, have the same right to pursue stepparent adoption in Texas.
Who Is Eligible to Adopt a Stepchild in Texas?
Texas law sets specific requirements for stepparent adoption. While each case is unique, most adoptions must meet the following conditions:
- You must be legally married to the child’s biological parent.
- You must have lived with the child for at least six months.
- The noncustodial biological parent must either consent to the adoption or have their parental rights terminated by court order.
- You must be an adult and meet general suitability standards, which may include a home evaluation.
Consent from the noncustodial parent is often the most sensitive part of the process. When consent is not given, the court must find legal grounds to terminate that parent’s rights before an adoption can proceed.
How Termination of Parental Rights Works
Before a stepparent adoption can be finalized, the other biological parent’s rights must end. This can happen voluntarily or through a contested court process.
Texas courts may terminate parental rights when evidence shows that a parent has, for example:
- Abandoned the child or failed to maintain contact
- Failed to provide financial support
- Engaged in abuse or neglect
- Exposed the child to unsafe living conditions
- Been convicted of serious crimes involving children or family violence
These cases require detailed evidence and careful preparation. If the adoption is contested, we will help you present a clear, fact-based case focused on the child’s best interests.
The Stepparent Adoption Process in Texas
Even when all parties agree, stepparent adoption involves multiple legal steps. We guide you through each stage so there are no surprises.
Filing the Petition
We prepare and file the adoption petition and supporting documents with the appropriate Texas court.
Addressing Parental Rights
If consent is required or termination is contested, we handle the legal filings and court appearances needed to resolve that issue.
Home Evaluation or Social Study
In many cases, a social worker or evaluator will review the home environment to confirm it is safe and supportive.
Final Adoption Hearing
At the final hearing, the judge reviews the case and, if all legal requirements are met, grants the adoption.
Why Legal Guidance Matters in Stepparent Adoption
Stepparent adoption affects parental rights permanently. Errors in paperwork, notice, or procedure can delay the process or create future legal problems. We help you avoid unnecessary setbacks by addressing legal requirements early and preparing your case with care.
Talk With a West Texas Stepparent Adoption Attorney
Choosing to adopt a stepchild is a meaningful legal step that reshapes your family’s future. We will help you understand your options, address challenges involving consent or parental rights, and move toward adoption with clarity. Contact Navarette & Schwartz, PC to schedule a consultation and discuss your stepparent adoption goals.
Stepparent Adoption FAQ
How long does a stepparent adoption take in Texas?
Timelines vary. Uncontested cases may conclude in a few months, while contested cases involving termination of parental rights often take longer.
Does the child have to consent to the adoption?
In Texas, children age 12 or older must generally consent to the adoption unless the court finds a reason to waive that requirement.
Will a stepparent adoption change the child’s last name automatically?
A name change is not automatic, but it can be requested as part of the adoption process.
Is a home study always required?
Some courts require a social study, while others may waive it in certain stepparent adoption cases. This depends on the circumstances and the court involved.