Who Can Adopt a Child in Texas?

The Texas Family Code allows any adult with standing (the legal right to seek redress in court) to petition for the adoption of a child. A child may be adopted if one of the following conditions is met:

The child is a resident of Texas.
The parental rights of both parents have been terminated, or a termination petition has been filed along with the adoption petition.
The adopting party is the stepparent of the child, and the biological parent (who retains parental rights) joins in the adoption petition.
The child is at least two years old, and one parent’s rights have been terminated. The adopting party must have been a managing conservator or had actual care, possession, and control of the child for six months before the adoption, or be a former stepparent with the non-terminated parent’s consent.
The child is at least two years old, and one parent’s rights have been terminated. The adopting party is a former stepparent who has been a managing conservator or had actual care, possession, and control of the child for one year before the adoption.

Our Texas adoption lawyer can help you through the process.

Jump to a Section

Termination of Parental Rights

Formal parental rights termination proceedings are not required if a parent voluntarily relinquishes parental rights by signing an affidavit of relinquishment. This affidavit must include consent for the Department of Protective and Regulatory Services or a licensed child-placing agency to place the child for adoption and assume managing conservatorship.

Requirements for Prospective Adoptive Parents

Before granting an adoption, the court requires the following:

An official criminal history report of the adopting party.
Residency of the child with the petitioner for at least six months before filing the adoption petition (unless waived by the court in the child’s best interest).
Consent from the child’s managing conservator unless the court determines consent is being unreasonably withheld.
Written consent from the child if they are 12 years or older, unless the court waives this requirement in the child’s best interest.

Any consent provided (by the child, managing conservator, or parent) can be revoked before the final adoption order by filing a signed revocation with the court.

Legal Effects of Adoption

Once an adoption order is granted, a legal parent-child relationship is established between the adoptive parent and the child. The child gains all legal rights as a biological child, including inheritance rights from the adoptive parent.

Termination of Parental Rights in Texas

In Texas, a court may involuntarily terminate parental rights if it is in the child’s best interests and the parent has engaged in certain behaviors, including but not limited to:

Abandonment

Leaving the child with someone else and expressing intent not to return.
Leaving the child for at least three months without support and without expressing intent to return.
Leaving the child for six months without providing support.

Endangerment and Neglect

Knowingly placing the child in dangerous conditions.
Engaging in conduct that endangers the child’s physical or emotional well-being.
Failing to support the child financially for at least one year.

Criminal and Harmful Conduct

Conviction for or involvement in crimes leading to the death or serious injury of a child.
Knowingly placing the child with individuals who engaged in harmful conduct.
Repeated substance abuse that endangers the child’s health or safety.
Criminal behavior leading to imprisonment for two or more years, preventing care for the child.
Contributing to the child’s truancy or running away from home.

Other Grounds for Termination

Signing an irrevocable affidavit of relinquishment.
Having parental rights terminated for another child due to endangerment or abuse.
Failing to comply with a court order to regain custody after a child’s removal due to abuse or neglect.
Delivering an infant to a designated safe haven without intent to return.
Committing the murder of the child’s other parent.

If the court determines that termination is in the best interests of the child and all legal requirements are met, the petition will be granted. The process for adoption can be complicated. Contact our Austin adoption lawyer to help you through the process.

Contact an Experienced Austin Adoption Attorney

Looking for a top-rated Austin adoption attorney near you? Find the best and the most experienced Austin Adoption Lawyer in Texas. Call (512) 478-0834 – Eric M. Willie, P.C. is dedicated to serving our clients with a range of legal services, including Family and Divorce cases.

CONTACT FORM

Reviews of Our Top-Rated Austin, Texas Adoption Attorneys

“This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

“I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

“I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

These are just some of our 176+ Google reviews.