November is National Adoption Month! To help celebrate, we wanted to highlight some of the basics.

The adoption process creates a new legal parent/child relationship. Adoptive parents have the same rights and responsibilities that biological parents do. In Texas, laws governing the adoption process are in Chapter 162 of the Texas Family Code.

Who can adopt?

Section 162.001 allows an adult with legal standing to petition to adopt a child. "Standing" means they have a sufficient connection to the case. People with standing to file for adoption can include:

• relatives;
• stepparents;
• foster parents;
• people designated as managing conservators in an affidavit of relinquishment;
• people named as prospective adoptive parents in a written statement by the child’s biological parent.

See Section 102.003 for a full list of people with standing to file in a family suit.

How do the courts decide to grant an adoption?

The courts will consider whether the adoption is in the child’s best interest before granting the adoption.

To assess whether the adoption meets this standard, the courts use an adoption evaluation. Laws governing the adoption evaluation process are in Subchapter E, Chapter 107 of the Family Code. The evaluation includes but is not limited to:

• interviews with the potential adoptive parents and members of their household;
• an inspection of the adoptive parents’ home;
• background checks for any criminal or child abuse history for all members of the household; and
• a review of the adoptive parents’ financial history.

A qualified individual like a guardian ad litem is appointed by the court to conduct the evaluation. The prospective adoptive parents cover the cost of the evaluation.

This process can be waived by the court in stepparent adoptions, but the courts must first review the potential adoptive parent’s criminal and child abuse history.

What about the biological parents?

Before a child is adopted, their living biological parents’ rights must be terminated. The termination process can be voluntary or involuntary. In some cases, the termination suit can be filed along with the adoption suit.

See our Termination of Parental Rights guide for more.

Can an adult be adopted?

Adults can also be adopted. Adult stepchildren may choose to go through the process to give legal weight to a stepparent who raised them. Adult adoption may also be used to ensure that the adopted adult child will have a right to inherit from their adopted parents.

Unlike the adoption of children, this process does not require the termination of parental rights.

Do I need a lawyer?

It’s possible to file an adoption case on your own. For instance, TexasLawHelp.org has forms and instructions for adult adoptions.

Adopting a child can be more complex, so it may be difficult to do on your own. If you have any questions or need help, it’s always a good idea to talk to a lawyer.

Library Resources

The library has lots of resources to help you get started.

E-Books

• Texas Family Law Practice & Procedure. Volume 4, Objective T covers adoptions of both minors and adults.
• Texas Family Law Practice Manual. Forms and practice notes for adoption cases, termination cases, and combined adoption/termination cases for stepchild adoptions are in Chapters 50 – 53.
• Adoption Laws in a Nutshell. This nutshell series title is a great choice for practitioners who need a quick overview of adoption laws.
• The Legal Answer Book for Families. This title isn’t Texas-specific but is a very helpful plain-language primer on family law issues. Adoption is covered in Chapter 5 and Appendix B.

Legal FAQs

• What is the process for a stepparent adoption?
• Can I terminate my parental rights?
• How do I change my child’s name?

Guides

• Child Custody & Support
• Name Changes in Texas: Adoption
• Termination of Parental Rights
• Commonly Requested Legal Forms: Children & Family Law Forms

Find More Information

We have more titles on adoption and other family law issues in the Family Law section of our Digital Collection. You can also search our library catalog for a specific title.

If you need help finding a resource or have a question, please don’t hesitate to Ask a Librarian.