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Adoption

The paperwork is unglamorous and the hearing takes fifteen minutes. Getting from one to the other is the part worth doing carefully.

Family Law

Almost every adoption begins with a termination.

A child in Texas can have two legal parents. Before a stepparent or relative can adopt, the existing legal parent-child relationship with the parent being replaced has to end — voluntarily by affidavit, or involuntarily on statutory grounds. That step is the substance of most adoption cases, and it is where they succeed or stall.

The kinds of adoption we handle

  • Stepparent adoption. The most common, and often the most emotionally significant: formalising a relationship that has existed for years.
  • Relative adoption. Grandparents, aunts and uncles raising a child, converting an informal arrangement into legal authority for school, medical care and everything else.
  • Adult adoption. Available in Texas and used more often than people expect, including to formalise a lifelong parental relationship.
  • Agency and private placement adoptions, and the finalisation of foster placements.

What the process requires

  • Termination of the other parent's rights, or proof that they are already terminated or the parent is deceased.
  • A home study — a social study of the home and the adopting adults, waivable in some stepparent cases.
  • Criminal history and child abuse registry checks.
  • Appointment of an amicus or ad litem attorney for the child in many cases.
  • A final hearing where the judge signs the order — the short, good part, and photographs are usually welcome.
  • A new birth certificate issued afterwards, and a name change for the child if that is wanted.

The child's voice

A child aged twelve or older must consent in writing to their own adoption. In practice, that consent is one of the more moving documents in the file, and it is worth explaining to the child properly rather than presenting as another form to sign.

Common questions

What is the first step in an adoption?

Usually terminating the existing legal relationship with the parent being replaced, voluntarily or on statutory grounds. That step is the substance of most adoption cases.

How long does a stepparent adoption take?

Where the other parent agrees and signs, commonly a few months. A contested termination takes longer because it becomes a case rather than a formality.

Do we need a home study?

Usually, though courts can waive it in some stepparent adoptions. We will tell you at the outset which requirements your case carries.

The biological father cannot be found.

There is a process for that, including the paternity registry and service by publication. It adds time; it does not stop the adoption.

Does our child have to consent?

A child above a certain age must consent in writing to their own adoption, and it is worth explaining to them properly rather than presenting as a form.

Can grandparents or other relatives adopt?

Yes. Relative adoptions are common and convert an informal caregiving arrangement into legal authority for school, medical care and everything else.

Can an adult be adopted in Texas?

Yes, and it happens more often than people expect, including to formalise a lifelong parental relationship.

Will our child get a new birth certificate?

Yes, a new certificate is issued after the order, and the child's name can be changed as part of the adoption.

Is a lawyer appointed for the child?

In many cases an amicus or ad litem attorney is appointed to represent the child's interests in the proceeding.

What happens at the final hearing?

It is short and it is the good part. The judge asks a few questions, signs the order, and photographs are usually welcome.

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