Adopting a Child in Texas

An adult with standing may petition to adopt, and both spouses must join if the petitioner is married. A child may be adopted only if each living parent's rights have been terminated (or termination is joined with the adoption), or in a stepparent adoption, or in limited cases involving a long-term caregiver or former stepparent. Termination requires clear and convincing evidence of a statutory ground (for example, leaving the child without adequate support for at least six months, or endangering the child) and that termination is in the child's best interest. A managing conservator who is not the petitioner must consent in writing (the court may excuse an unjustified refusal), and a child 12 or older must consent unless the court waives it. An adoption evaluation of the home and social environment is required, and the child must generally live with the petitioner for at least six months before the adoption is granted, though the court may waive this in the child's best interest.

A stepparent may adopt when the parent whose rights have not been terminated is the petitioner's spouse; that parent joins the petition, and no further consent from that parent is needed. The other parent's rights must be terminated (voluntarily or on a statutory ground). In an uncontested stepparent adoption, the court may waive the adoption evaluation after reviewing the Department of Family and Protective Services' investigative records and the stepparent's criminal history.