Types of Adoption in Texas

• Stepparent Adoption: When a stepparent adopts their spouse’s child.
• Relative Adoption: When a relative adopts a child, often used in cases where parents are unable to care for the child.
• Agency Adoption: Facilitated by a licensed adoption agency.
• Private/Independent Adoption: Arranged directly between the adoptive and biological parents, often with the help of an attorney.
• Adult Adoption: When an adult is adopted, often to formalize a parent-child relationship.

General Requirements

• Age: The adoptive parent(s) must be at least 21 years old.
• Residency: Must have lived in Texas for at least six months.
• Background Check: All adults in the household must pass a criminal background check.
• Home Study: Conducted by a licensed social worker to assess the suitability of the home and the adoptive parents.

Steps in the Adoption Process

1. 1. Terminate Parental Rights: Before an adoption can proceed, the biological parents’ rights must be terminated. This can happen voluntarily or involuntarily:
   • Voluntary Termination: Biological parents agree to give up their parental rights.
   • Involuntary Termination: The court terminates parental rights due to reasons like neglect, abandonment, or abuse.
2. 2. Filing the Petition: The adoptive parents file a Petition for Adoption with the appropriate court. This petition includes details about the child, the adoptive parents, and the reasons for the adoption.
3. 3. Service of Process: The biological parents must be formally notified about the adoption proceedings unless their rights have already been terminated.
4. 4. Home Study: A licensed social worker conducts a home study to evaluate the adoptive parents and their home environment. This includes interviews, home visits, and background checks.
5. 5. Pre-Adoption Placement: In some cases, especially with agency adoptions, the child is placed with the adoptive family before the adoption is finalized. The family must care for the child during this period while under supervision.
6. 6. Adoption Hearing: An adoption hearing is scheduled where the judge reviews the case. The adoptive parents and the child (if of appropriate age) attend the hearing. The judge ensures all legal requirements are met and that the adoption is in the child’s best interests.
7. 7. Final Decree of Adoption: If the judge approves the adoption, a Final Decree of Adoption is issued. This legally establishes the adoptive parents as the child’s legal parents and grants them all parental rights and responsibilities.