Can I Adopt My Step-Child in Texas?

 Posted on June 05, 2024 in Family Law

There are many reasons why someone might consider adoption. In some cases, people might feel they have been waiting too long to find the right person to start a family with, and they believe they can give a parentless child a loving home even without a spouse. In other cases, fertility issues and pregnancy loss might make a couple consider adopting a child. Sometimes, a parent gets married after their child with someone else was born, and that stepparent might want to officially and legally establish their relationship with the child. This article will explain the scenarios in which a child can be adopted in Texas. If you are considering this, speak with an experienced Dallas, TX adoption lawyer who can help you navigate the process.

When Can Adoption Happen in Texas?

There are four main scenarios in which a child can be adopted by someone who is not their biological parent. These scenarios are:

• The biological rights of both parents have been or will be terminated. Parental rights can be terminated voluntarily if the parent petitions the court to terminate their rights, and more commonly, involuntarily, which happens when the court has clear evidence that this would be in the child’s best interest.
• There is parental consent. If the child is at least two years old and one parent has had parental rights terminated, the other parent can consent to adoption by another adult, for example, a stepparent or other adult who has taken care of the child for at least six months.
• There is no parental consent. If the child is at least two years old and one parent has had parental rights terminated, even if the non-terminated parent does not consent, adoption might be granted to the child’s stepparent, managing conservator, or another adult who had been taking care of the child for at least one year.
• Stepparent adoption. If one parent’s rights have been terminated and the non-terminated parent is married to someone else, their spouse can seek stepparent adoption.

There are several factors involved in a stepparent adoption. If the child is at least 12 years old, she needs to consent to the adoption. You will need to go to court, and the judge might not decide that you meet the requirements for adoption. A knowledgeable and trustworthy adoption lawyer can guide you and help you avoid missteps that could make a judge reject your petition.

Contact a Tarrant County, TX Stepparent Adoption Attorney

If you want to adopt your stepchild, speak with a qualified Dallas, TX adoption lawyer to understand your options. At Law Office of Michelle Poblenz, we are passionate about helping families get their best outcomes. Call us at 469-845-3031 so we can start working on your case.