How Do I Start the Adoption Process in Texas?

 Posted on March 11, 2026 in Family Law

Adoption is a thrilling new opportunity, and it may also be a little overwhelming. Requirements and procedures vary depending on the type of adoption you are considering. They are also different state-to-state.

Whether you're hoping to adopt a newborn, an older child, or a stepchild you've raised as your own, A Dallas adoption attorney can explain the process and procedures specific to Texas.

What Are the Requirements to Adopt in Texas?

Before filing for adoption in Texas, you need to make sure you meet the basic legal requirements as outlined in Texas Family Code Chapter 162. The Department of Family and Protective Services (DFPS) also lists requirements, including:

• Being at least 21 years of age, financially stable, responsible, and mature
• Sharing information about background and lifestyle
• Providing relative and non-relative references
• Agreeing to a home study, which includes visits with all household members,
• Undergoing a criminal history background check and an abuse/neglect check for all adults in the household
• Attend training to learn about issues of abused and neglected children.

Home studies will be conducted by a licensed child-placing agency or licensed social worker. The home study will address your living situation, your finances, and your ability to provide a stable home for a child.

Potential adopters can be either single or married. Married couples must generally file jointly unless one spouse is adopting the other's biological child.

What Are the Different Types of Adoption in Texas?

The path you take through the adoption process depends on the type of adoption you're pursuing. In 2026, the most common types in Texas include:

Private Domestic Adoption

This involves adopting a child born in the United States through a private arrangement, often facilitated by a licensed child-placing agency or an adoption attorney. Birth parents voluntarily end their parental rights, and the adoptive parents take legal custody of the child.

Foster Care Adoption

Texas has thousands of children in the foster care system who are legally free for adoption. Adoption through the DFPS is often less expensive than private adoption. Prospective parents must be licensed as foster parents and complete training through the DFPS before a child can be placed in their home.

Stepparent Adoption

If you've been raising your spouse's child, you may be able to legally adopt them. This requires the other biological parent to either voluntarily relinquish their parental rights or have those rights terminated by the court. After that, the stepparent can petition to adopt.

Adult Adoption

Texas also allows adults to be adopted in certain circumstances, such as when a stepparent wants to formalize a relationship with an adult stepchild.

Will I Have to Appear in Court During My Texas Adoption Case?

Court hearings are a built-in part of Texas adoptions. Once your home study is complete and any necessary consent or termination of parental rights has been handled, you can file a petition for adoption in the appropriate Texas district court. The court will then schedule a hearing.

At the hearing, a judge will review the case and determine whether the adoption is in the best interest of the child. If everything is in order, the judge signs the adoption decree. From that point on, the adoptive parent has all the same legal rights and responsibilities as a biological parent. The child is also entitled to inherit from the adoptive parent, just like a biological child. The entire process from home study to final decree can take anywhere from a few months to over a year, depending on the type of adoption and any complications along the way.

Call a Tarrant County, TX Adoption Attorney Today

Don't wait until you're ready to file to get legal help. A Dallas adoption lawyer at the Law Office of Michelle Poblenz can help you choose the right type of adoption for your situation, make sure your home study is handled correctly, navigate consent and termination of rights issues, and avoid procedural mistakes.

A lawyer isn’t technically required, but missing paperwork or deadlines will slow your adoption down substantially. With more than 25 years of legal experience, our attorney brings a thorough understanding of Texas family law to every case and will make sure things go as smoothly as possible for your family. Contact the Law Office of Michelle Poblenz at 469-845-3031 today.