Can I Adopt My Stepchild in Texas?

 Posted on July 29, 2025 in Child Custody

In Texas, you might be able to adopt your stepchild, but the process involves several important legal steps. Stepparent adoption can bring emotional and legal security to your family. However, you must meet certain requirements and follow proper procedures. A Dallas, TX adoption lawyer can guide you through the process and protect your interests.

Legal Requirements for Adopting a Stepchild in Texas

Texas law allows a stepparent to adopt a stepchild if certain conditions are met: The stepparent must be legally married to one of the child’s biological parents, and the child’s other biological parent must either agree to terminate their parental rights or have their rights terminated by the court.

According to Texas Family Code § 162.001, an adoption may be granted when it is in the best interest of the child and all legal requirements have been satisfied. This includes a background check, verification of the existing parental relationship, and submission of the appropriate legal documents to the court.

What Is an Adoption Evaluation in Texas?

Before finalizing an adoption, Texas law typically requires an adoption evaluation to ensure the adoption is suitable for the child. This process is sometimes called a "home study," and it can be less extensive in a stepparent adoption case. Under Texas Family Code § 107.153, the evaluation may include interviews with both you and the child, a review of the home environment, and a recommendation from the evaluator. The purpose is to ensure that the adoption will serve the child’s emotional and physical well-being. In some cases, especially if you have lived with the child for a long time, the court may waive portions of the evaluation process. However, this is not guaranteed and depends on the specific facts of the case.

Do You Need Your Stepchild’s Consent To Adopt Them?

Under statute § 162.010, a child who is 12 years old or older must give consent before they can be adopted by a stepparent. The court will typically speak to the child in chambers to confirm this consent. If the child does not consent, the judge may decide not to approve the adoption. For younger children, consent is not legally required, but the court will still consider their needs and relationship with the stepparent.

Terminating Parental Rights for a Stepchild Adoption in Texas

A child cannot have three legal parents, so the other biological parent’s rights must be terminated before the adoption can take place. This can happen voluntarily or involuntarily. Voluntary termination occurs when the parent agrees to give up their rights. Involuntary termination may happen if the parent abandons the child, fails to support the child, or engages in behavior that endangers the child. The court must find clear and convincing evidence that termination is appropriate and in the best interest of the child. Once parental rights are terminated, you can legally step into the role of a full parent, with all the rights and responsibilities that come with it.

Contact a Tarrant County, TX Adoption Attorney Today

If you are considering adopting your stepchild, speak with a Dallas, TX adoption lawyer at Law Office of Michelle Poblenz who understands both the legal process and the emotional weight of your decision.

When you work with Michelle Poblenz, you will receive honest guidance and clear expectations every step of the way. With over 25 years of experience in family law, she will passionately protect your rights and help you move forward. Call 469-845-3031 today to schedule an initial consultation.