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Texas Adoption Laws

Texas adoption laws help protect the rights of adoptive parents, the birth parents, and the best interests of the child. The laws let any adult adopt any child. Adults can adopt other adults if all parties consent.

Texas passed one of the first laws allowing private adoption agencies to deny adoption to same-sex couples with the Freedom to Serve Children Act, signed in 2017. The Texas Department of Family and Protective Services permits same-sex adoption.

Texas Adoption Laws

Texas adoption laws are very parent-friendly. Any adult may adopt, and there is no statutory minimum adoption age. The Department of Family and Protective Services has a minimum age of 21 to become an adoptive or foster parent. Many adoption agencies have a minimum age ranging between 22 to 25 years old for adoptive parents.

Single people are free to adopt if they meet the other requirements. Married couples can adopt as long as both spouses sign the adoption petition. This applies to couples who have a legal separation but aren't divorced.

All prospective adoptive parents must have an adoption home study performed by a licensed child-placing agency. The adoptive family must also undergo a criminal background check.

Prospective adoptive families must also:

  • Complete a training course on adoption
  • Provide references from friends and relatives
  • Provide proof of marriage or divorce as applicable
  • Provide evidence of financial stability

Parents may consider foster care adoption. There are additional requirements to become a foster parent, and foster parents have a preference for placing a child after relatives.

Types of Adoption

Texas has four general types of adoption. All types must have a home study through a licensed adoption agency before the adoption finalization hearing. The types are:

  • Most families considering adoption use private adoption through an agency licensed by the Texas Residential Child Care Licensing Department. Private agencies can handle domestic and international adoptions.
  • Foster care adoptions through the DFPS often place older children and those whose parents have had their parental rights terminated by court order.
  • Relative adoptions are preferred when DFPS removes a child from the biological parents or if the parents are unavailable for other reasons. Courts waive some adoption requirements when a relative adopts a child.
  • Stepparent adoptions are a type of relative adoption. A stepparent can adopt a child after providing care for 6-12 months before the adoption. In some cases, termination of parental rights isn't necessary.

In all types of adoption, children 12 years of age and older must consent to their adoption. There are no Texas statutes addressing adult adoption. The adoptee must consent, but there are no parental rights to terminate.

Open adoptions occur when the adoptive parents and birth parents maintain contact. The adopted child knows their birth family. There is no legal enforcement for this in the state of Texas. Many adoption services offer them. These kinds of adoptions have better outcomes for children and families.

Indian Child Welfare Act (ICWA)

In 2023, the U.S. Supreme Court ruled on Haaland v. Brackeen (2022). In a 7-2 decision, the Court held that the Indian Child Welfare Act (ICWA) gave Native American tribes the right to intervene in the adoption and foster placement of Native children.

The Adoption Process

In Texas, a child may only have one set of legal parents. The adoption process begins with the termination of the birth parents’ parental rights. The birth mother may surrender her rights 48 hours after the child’s birth. The birth father may consent to adoption at any time before or after the birth. Both biological parents have ten days to revoke their consent.

Once the prospective adoptive parents have completed the home study and background checks, the adoption agency helps match them with a child in need of adoption. Parents should meet with an adoption lawyer to review the documentation and attend hearings.

A child must live with the prospective family for at least six months before the adoption finalization. The petitioners (parents) and child must appear at the final court hearing.

Research the Law

Texas Adoption Laws: Related Resources

Adopting in Texas? Get Legal Advice From a Texas Family Law Attorney

Families considering adoption or who want to relinquish their children for adoption need advice from adoption professionals. Get legal advice for your adoption case from a Texas adoption attorney. Put their expertise in family law to work for you.

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