What to know about stepparent adoption in Texas

On Behalf of | Jan 25, 2024 | Adoption |

Stepparent adoption is a legal process that can bring a sense of permanency and stability to a blended family.

In Texas, individuals who wish to expand their families by adopting their stepchildren should understand the stepparent adoption process.

Eligibility and consent

In 2021, 689,308 people got divorced, and many of these individuals will eventually get remarried. Those with children or who marry individuals with children may desire a stepparent adoption. Before embarking on the stepparent adoption journey, these people need to understand their eligibility. The stepparent needs to have married the custodial parent at least one year prior, and both biological partners should be willing to provide consent.

Filing the petition

The first formal step in the process involves filing a petition for adoption with the court. This document outlines the intent of the stepparent to adopt the child and provides necessary information about the family. The couple needs to include the child’s birth certificate and marriage certificate.

Background checks and home study

The court will conduct background checks on the prospective adoptive parents. Additionally, a home study assesses the living conditions and environment.

Termination of parental rights

In cases where the noncustodial parent is not willing to consent to the adoption, the court may consider terminating his or her parental rights. This typically involves proving that the noncustodial parent abandoned the children or poses a danger to their well-being. It is a complex legal process that requires evidence to support the termination.

Once the couple completes all necessary steps, the court will schedule a finalization hearing. During this hearing, the judge reviews the case and grants the adoption. The child is then legally considered the stepparent’s child with all associated rights and responsibilities.



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