How to Legally Adopt Your Stepchild in Texas: A Step-by-Step Guide

Blending families can be a beautiful thing, and for many stepparents, adopting a stepchild is a powerful way to formalize the bond that already exists. 

In Texas, the legal process to adopt a stepchild is straightforward in structure, but it requires careful attention to detail, court procedures, and often, the cooperation of the child’s other biological parent.

If you’re considering adopting your stepchild, here’s what the legal process looks like and how to prepare for each step.

Understand What Stepparent Adoption Means

Stepparent adoption allows a non-biological parent to become the child’s legal parent. Once finalized, the stepparent assumes all parental rights and responsibilities, including decision-making authority, inheritance rights, and financial support obligations.

Importantly, this process also terminates the parental rights of the non-custodial biological parent. That means the court must be convinced that the adoption is in the child’s best interests and that the other parent either:

• Consents to the adoption by voluntarily relinquishing their rights, or

• Has had their rights involuntarily terminated due to abandonment, unfitness, or other qualifying reasons.

Get Consent Or Establish Grounds for Termination

You cannot proceed with a stepparent adoption until the child’s other biological parent’s rights are terminated. This can happen in one of two ways:

Voluntary Termination

If the other biological parent agrees to give up their rights, they can sign an Affidavit of Voluntary Relinquishment, which is then submitted to the court. This is often the fastest and least contentious path forward.

Involuntary Termination

If the other parent refuses or cannot be found, you may need to ask the court to terminate their rights involuntarily. Common legal grounds include, but are not limited to:

• Failure to support or maintain contact with the child

• History of abuse or neglect

• Criminal conviction or incarceration

• Endangerment of the child’s well-being

The court will evaluate these claims carefully, and the burden of proof is high. This is where legal representation becomes critical.

File the Adoption Petition

Once termination is complete or consent has been secured, you can file a Petition to Adopt in the county where you and the child reside. This document includes:

• Basic personal and family information

• Details about your relationship with the child

• Documentation of the biological parent’s termination or consent

You’ll also need to provide background information, including criminal history and financial stability, as part of the adoption paperwork.

Complete the Home Study and Background Checks

Even in stepparent adoptions, Texas courts typically require a home study, which is an evaluation conducted by a licensed social worker or agency. This process includes:

• Interviews with the stepparent and other household members

• A review of the home environment

• Criminal background checks and fingerprinting

The goal is to confirm that the adoption serves the child’s best interests and that the stepparent is capable of providing a safe, stable, and loving environment.

Some judges may waive the home study in uncontested stepparent adoptions, especially if the child has lived with the stepparent for an extended time, but it’s best to be prepared.

Attend the Adoption Hearing

After all required steps are completed, the court will schedule a final adoption hearing. This is typically a short, formal proceeding where:

• The judge reviews the case

• All parties affirm their desire to proceed

• The adoption is officially granted

The child may attend this hearing, and it can be a meaningful and celebratory moment for your family.

Finalize Legal Documents

Once the judge approves the adoption, you’ll receive a court order finalizing the adoption, and you can request:

• An amended birth certificate listing you as the legal parent

• Updated legal documents such as Social Security records, insurance policies, and school records

From this point forward, you are legally recognized as the child’s parent in every sense.

When to Speak with an Attorney

While some stepparent adoptions are uncontested, others involve complex issues, particularly when a biological parent cannot be located or refuses to relinquish rights. 

A family law attorney can:

• Help you prepare and file documents correctly

• Represent you in court if termination is contested

• Ensure compliance with all procedural requirements

At LDG PLLC, we guide families through every phase of the stepparent adoption process with care, clarity, and legal precision.

Talk to an Attorney About Adopting Your Stepchild

Contact LDG PLLC to schedule a consultation and find out what’s required to adopt your stepchild legally and confidently in Texas.