Adoption in Texas
Adoption in Texas is a court case that makes an adult the legal parent of a child, or of another adult, with every right and duty a birth parent has. Chapter 162 of the Texas Family Code sets the rules. This page explains who can adopt, what the judge needs and how the case moves.
What does adoption in Texas change for a family?
A Texas adoption order creates a parent and child relationship between the adoptive parent and the child for all purposes, under Texas Family Code § 162.017. The adopted child inherits from and through the adoptive parents exactly as a biological child would, and words such as "child" and "descendant" in wills and trusts include the adopted child.
Fritz Law Firm, PLLC handles uncontested Texas adoptions under Chapter 162 of the Texas Family Code, meaning adoptions in which everyone whose consent the law requires is in agreement. Familiar examples of an uncontested adoption include:
- Stepparent adoption
- A parent's spouse adopts the parent's child. The parent who is married to the stepparent keeps every parental right.
- Relative adoption
- A family member already raising the child, such as a grandparent, aunt or uncle, becomes the child's legal parent.
- Adult adoption
- One adult adopts another, often a grown stepchild, to make a long relationship legal and settle inheritance.
Who can adopt a child in Texas?
Any adult with standing under Chapter 102 may petition to adopt a child who is eligible for adoption, according to Texas Family Code § 162.001. A child living in Texas is eligible in four situations, and each one turns on what has happened to the rights of the child's birth parents.
| Route | What the statute requires |
|---|---|
| (b)(1) Both parents' rights end | Every living parent's rights are already terminated, or the request to terminate them is being decided in the same case as the adoption. |
| (b)(2) Stepparent | The parent whose rights have not been terminated is currently married to the petitioner, and the case is a stepparent adoption. |
| (b)(3) Six months of care | The child is two or older, one parent's rights are already terminated, the petitioner has served as managing conservator or actually cared for the child for six months (or is a former stepparent), and the other parent consents. |
| (b)(4) Former stepparent | The child is two or older, one parent's rights are already terminated, and the former stepparent has served as managing conservator or actually cared for the child for a year. |
How does ending a birth parent's rights fit into an adoption?
Termination is the court order that permanently ends a parent's legal rights and duties, and most adoptions need one first or in the same case. Under Texas Family Code § 161.001(b), a judge may end the relationship only on clear and convincing evidence of a ground the statute lists, and must also find, under the best interest standard, that ending the relationship is right for the child.
A parent can also give up rights voluntarily. The parent signs an affidavit of voluntary relinquishment, a sworn document giving up parental rights, as provided in § 161.103 of the Texas Family Code. The statute sets strict rules for that document:
- The parent may not sign it until two full days (48 hours) have passed since the birth.
- Two credible witnesses must sign it, and it must be sworn before a notary or other officer who can take oaths.
- An affidavit naming a person, such as the adoptive parent, as managing conservator can be revoked unless it states it is irrevocable for a set period, which cannot be longer than 60 days after signing.
- If the affidavit is revocable, it must say in bold type that the parent can revoke it only before the 11th day after signing.
What has to happen before a Texas judge signs the adoption order?
Before granting an adoption, a Texas court needs an adoption evaluation or a waiver, a criminal history report on each adoptive parent, proof the child has lived with the petitioner for six months or a waiver, and the consents Chapter 162 requires. A final hearing follows once each piece is in the file.
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Adoption evaluation
Under § 162.003 and § 107.153, a qualified evaluator reviews the home and social environment of each person asking to adopt. In an uncontested stepparent adoption, the judge may waive it after reviewing state investigative and criminal history records.
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Criminal history report
Section 162.0085 requires the court to order each person seeking to adopt to obtain that person's own criminal history record information.
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Six months in the home
Under § 162.009, the child must have lived with the petitioner for at least six months. The petitioner can ask the judge to waive that period when a waiver serves the child.
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Consents
Under § 162.010, a managing conservator who is not the petitioner must consent in writing, a parent married to the petitioner joins the petition, and a child aged 12 or above has to give consent, either on paper or in front of the judge.
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Final hearing
The judge reviews the file, hears testimony and signs the order.
How does one adult adopt another adult?
Texas Family Code § 162.501 lets a court grant the petition of an adult living in Texas to adopt another adult. No parent's rights are terminated, but the adult must consent in writing and both people must attend the hearing.
- Written consent. Section 162.504 bars the adoption unless the adult consents in writing to be adopted by the petitioner.
- Attendance. Section 162.505 requires both the petitioner and the adult to attend the hearing, unless the judge waives it by written order for good cause.
- Inheritance. Under § 162.507, the adopted adult inherits from and through the adoptive parents as a biological child would, and inheritance between the adopted adult and the biological parent ends in both directions.
How does an adoption connect to other family law issues?
An adoption often follows another family case. A stepparent adoption may come after a divorce and remarriage, a relative adoption may follow years of a grandparent raising a child, and the father's legal status sometimes has to be settled before anyone can consent or be served.
Grandparents raising grandchildren
Visitation and custody routes before adoption: grandparent rights.
Who the legal father is
Presumed, acknowledged and court-ordered fathers: paternity.
Every family law topic
How custody, support and property fit together: the Family Law guide.
Families filing in Montgomery County can read about local practice on the Conroe page or the Magnolia page, and see where cases are heard on the Montgomery County courts page.
Adoption in Texas: common questions
What waiting period does adoption in Texas require?
Only one waiting period is fixed by statute: six months of the child living in the petitioner's home before the adoption can be granted, unless the judge waives it. The rest of the timeline depends on the adoption evaluation, the consents, and whether a termination must be decided first.
Can my husband adopt my child from a prior relationship?
Texas allows stepparent adoption under section 162.001(b)(2) when the parent who keeps parental rights is married to the stepparent. That parent joins the petition, and the other birth parent's rights must be terminated. In an uncontested case the judge may waive the adoption evaluation after reviewing the required records.
Will the judge need my child's permission before granting the adoption?
Once a child reaches age 12, section 162.010(c) requires the child's consent, given on paper or in person before the court. The judge may waive the child's consent if doing so serves the child. Younger children do not sign a consent.
Is adoption possible when the person being adopted is already grown?
It is. Section 162.501 lets an adult who lives in Texas adopt someone who is also an adult. The adult being adopted must consent in writing, both people must attend the hearing unless the judge excuses it for good cause, and the adoption changes inheritance rights.
Is adoption in Texas open to a grandparent who wants to become the legal parent?
Grandparents may petition to adopt a grandchild who meets the requirements of section 162.001, which usually means each living parent's rights have been or will be terminated in the same case. The evaluation waiver in section 107.153(a-1) names stepparents only, so it does not cover a grandparent.
Statutes cited on this page were checked against the Texas Family Code as amended through the 2025 legislative session. Last reviewed: November 8, 2026.
Ready to talk about your family's adoption?
The right path depends on who is adopting, who must consent and whose rights must end. Jessica Fritz can explain how adoption in Texas applies to your family. Call Fritz Law Firm, PLLC or send a message to set up a time.
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Jessica Fritz, family law attorney in Conroe, Texas
Every case at Fritz Law Firm, PLLC is handled by one lawyer, Jessica Fritz, working with the firm's staff. There are no associates, so your case is not handed off to someone you have never met.
Jessica Fritz gives clients straight answers about Texas family law, a frank view of where their case stands, and a clear next step.
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Ready to talk through your family law case? The office sits across the street from the Montgomery County Courthouse in Conroe. Most of the firm's cases are in Montgomery County, with steady work in Harris, Fort Bend and Waller Counties too.
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