The stepparent/stepchild relationship can often be complicated, but many stepfamilies come to love each other and see the blended family as a true family unit. Sometimes, the next step is stepparent adoption. Can a stepparent adopt a child in Texas? If you’re seeking to adopt your spouse’s biological child, a Texas family law attorney can help you through the process and ensure you’ve completed each step correctly.
Texas stepchild adoption laws aim to prioritize the child’s best interests and simplify the adoption process, but your family must follow specific steps. An experienced stepparent adoption lawyer in Austin from Smith Family Law can guide you through stepchild adoption in Texas. Reach out to us today to start the process.
Stepparent Adoption in Texas
Stepparent adoption begins with a petition filed with a Texas family law court. It shares some similarities with regular adoption, but unlike regular adoption, stepparent adoption is only available if certain circumstances exist:
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- The absent biological parent is willing to sign the required documentation if the child is under 18
- There is only one living biological parent
- The absentee biological parent’s whereabouts are unknown, or they are otherwise uninvolved in the child’s life
Stepchild adoption offers many benefits to the child, including:
- Two active parents in their life
- They can inherit from the stepparent and are in the line of succession
- They may take a new last name
- They will have a new birth certificate
Adoption Process in Texas
Stepchild adoption is a two-part process. First, they terminate the noncustodial parent’s rights. Then, the stepparent begins the formal adoption process according to Texas Family Code Section 162.001(b)(1). It starts with the biological parent and the stepparent both filing the Petition for Adoption in the country court where the child lives. For those unsure about the regulations, asking, “Can a stepparent adopt a child in Texas?” is a valid question.
The next step is a social evaluation, which includes:
- A home visit
- Evaluation of employment and financial records of both parents
- Initial screening with the child and parents
- Observations of the home life
After the initial social study, the court appoints an amicus attorney to conduct similar observations to those in the social study. The amicus attorney provides a non-biased, professional opinion to the court.
Must the Adoptee Live with the Stepparent to Be Adopted?
Yes, Texas Family Code, Chapter 162, requires the child to live with the stepparent for at least six months before the adoption is finalized. The purpose of this requirement is to ensure that the child is comfortable with the stepparent and that there is a familial bond between the two.
A Texas court will also determine if the adoption is in the best interests of the child based on the social studies and the report presented by the amicus attorney.
However, the child gets a say in the adoption process, too. If the child is 12 or older, the court mandates written consent or verbal testimony expressing their wish for stepparent adoption. The child may also decide whether they wish to change their name. If the child is ten or older, they must provide written consent to change their name during adoption.
Adoption Requirements in Texas
To be eligible to adopt your stepchild in Texas, one of the following criteria must apply:
- The child’s other biological parent (i.e., not your spouse) must consent in writing to release parental rights
- The child’s other biological part is dead
- The child’s other biological parent is unable to be found
- The child’s other biological parent’s rights have been terminated
If you and your spouse can’t find the child’s other parent, you might have to show the judge proof of your thorough search efforts.
Terminating Parental Rights in Texas
For a stepparent to adopt their stepchild, the child’s other biological parent must relinquish their parental rights. If you and your spouse can locate the other parent, this process may be easier than if the parent is unavailable. Finding the other parent and getting their agreement to end parental rights can delay adoption, but you must do it before proceeding further.
What if the child’s other parent is unwilling to agree to the adoption or voluntarily give up parental rights? In this case, you and your spouse may petition a judge to terminate the other partner’s rights. This is a serious legal step and one that Texas family law courts don’t take lightly. You and your family law attorney must build a case demonstrating that doing so is in the child’s best interests.
There are several statutory grounds for terminating parental rights, and the courts require that you establish one of the following is present:
- The other parent abandoned the child
- The other parent is incarcerated
- The other parent abused the child
- The other parent failed to provide support for the child
Even if one or more of these circumstances apply to your situation, a judge will still evaluate whether terminating the other parent’s rights is in the best interest of the child, considering the child’s age, emotional needs, physical condition, and present living situation.
If the other parent fights to retain parental rights, you might need a lawyer to build a strong case for your family. A skilled Austin family law attorney who has experience with stepparent adoptions in Texas, can facilitate the process, help you fight for your family, and advise you of your rights and responsibilities during the adoption process.
Do You Need Help with Adopting Your Stepchild?
Are you considering adopting your stepchild or stepchildren? It’s a move that many families feel creates a stronger bond between the child and stepparent, but it’s also a move that may take an uphill legal battle. You don’t have to go through this stressful process alone. Our team can help. Contact [law-firm] today for a consultation with a compassionate family law attorney.