Attorney
If you’re thinking about adopting your spouse’s child in Texas, you’re not alone. Many stepparents form strong, loving bonds with their stepchildren and want to make that connection official in the eyes of the law. In Texas, stepparent adoption is absolutely possible—but it requires going through a legal process that includes terminating the other parent’s rights.
This process can feel overwhelming at first, but with the right help and guidance, it becomes manageable. In this post, we’ll walk you through how stepparent adoption works, what steps you’ll need to take, and how we can support you at every stage.
What Is Stepparent Adoption?
Stepparent adoption is when a person legally adopts their spouse’s child. Once the adoption is finalized, the stepparent becomes the child’s legal parent in every way.
That means:
- You’ll have the same legal rights and responsibilities as a biological parent.
- Your child can inherit from you under Texas law.
- The child will have a legal connection to both parents in the home.
This process can provide a sense of stability and security, not just for the child but for the entire family.
Step One: Terminating the Other Parent’s Rights
Before a stepparent can adopt, Texas law requires that the child have only one legal parent aside from the spouse. That means the other biological parent’s rights must be terminated unless that parent has already passed away.
This can happen in one of two ways:
Voluntary termination:
Sometimes, the other parent agrees to give up their parental rights. This may happen if they’re not involved in the child’s life or believe the adoption is in the child’s best interest.
Involuntary termination:
If the other parent refuses to give up their rights, the court can terminate them under certain conditions. Common reasons include:
- Abandonment
- Lack of support or contact for six months or more
- Abuse or neglect
- Serious criminal history
Courts do not take this step lightly. The judge will always consider what’s best for the child. This part of the process may require evidence, testimony, and legal argument.
Step Two: Filing the Adoption Case in Court
Once the other parent’s rights have been terminated, or if they are already out of the picture, you can move forward with the adoption itself.
Here’s how it typically works:
- The adoption petition is filed in the family court where the child lives.
- The court may assign an amicus attorney to represent the child’s interests.
- A background check is required for the stepparent.
- In many cases, especially if the child has lived with the stepparent for a long time, the court may waive the home study that’s required in other types of adoption.
Even though this is a more straightforward form of adoption, it’s still a legal process. Making sure everything is filed correctly and on time is essential to avoid delays.
Step Three: Finalizing the Adoption
The last step is the final adoption hearing. This is often a joyful occasion for the family, especially after all the hard work that went into getting here.
Here’s what to expect:
- The judge will review the case to ensure everything is in order.
- If the child is 12 or older, they must agree to the adoption and may speak with the judge.
- Once approved, the judge will sign the adoption order, making the stepparent the child’s legal parent.
Many families choose to take photos or celebrate after the hearing. It’s a meaningful moment that marks the start of a new legal chapter in your child’s life.
How We Can Help
At Navarrete & Schwartz, P.C., we understand how important this step is for your family. We’re here to help you through the process, starting with evaluating whether the other parent’s rights can be terminated and continuing all the way through the final hearing.
We’ll handle the legal work, answer your questions, and stand by your side in court. Our goal is to help make this transition as smooth and stress-free as possible.
Building a Legal Bond That Reflects Your Family
Adopting your stepchild is about affirming the relationship you already have and giving your child the legal security they deserve. If you’re ready to take this step, we’re ready to help.
Contact Navarrete & Schwartz, P.C., today to schedule a consultation. Let’s build your family’s future together.