If you are considering adoption in Southlake, our Southlake adoption lawyer can help you understand the legal requirements and guide you through every step of the process. Adoption in Texas involves strict procedural rules, background checks, home studies, and court hearings that must be handled correctly to finalize the legal relationship between you and your child.
Whether you are pursuing a stepparent adoption, private infant adoption, foster care adoption, or seeking to recognize a foreign adoption decree, the process can feel overwhelming. You may be wondering what paperwork is required, how long the process takes, or whether you qualify to adopt. An adoption lawyer ensures that all legal requirements are satisfied so the adoption can proceed without unnecessary delays or complications.
Why Southlake Families Trust Varghese Summersett for Adoption
Our Southlake family law team has helped families throughout North Texas complete adoptions for more than a decade. Managing partner Anna Summersett, a graduate of SMU Dedman School of Law, leads our family law practice and has personally guided countless families through the adoption process. The firm’s family law attorneys bring a combined 50+ years of experience to matters involving child custody, conservatorship, and parental rights.
Our family law attorneys understand that adoption is about building and protecting families. We approach each case with compassion while providing the legal precision required to finalize your adoption successfully. Our track record demonstrates our commitment to achieving the best possible results for the families we serve.
Adoption in the Southlake Area: What the Data Shows
Our firm compiled data from the Texas Department of Family and Protective Services (DFPS) to better understand adoption trends in the communities we serve. Because public data is reported by county rather than individual city, we analyzed figures from Tarrant and Denton Counties, the two counties that encompass Southlake.
The numbers reveal a consistent and significant need for adoptive families in our area. Between fiscal years 2021 and 2024, more than 1,100 children were adopted from the foster care system in Tarrant and Denton Counties combined. Here is the year-by-year breakdown:
- FY 2021: 318 adoptions (224 in Tarrant County, 94 in Denton County)
- FY 2022: 322 adoptions (220 in Tarrant County, 102 in Denton County)
- FY 2023: 321 adoptions (229 in Tarrant County, 92 in Denton County)
- FY 2024: 227 adoptions (175 in Tarrant County, 52 in Denton County)
These figures represent only CPS adoptions from the foster care system. They do not include private infant adoptions, agency adoptions, stepparent adoptions, kinship adoptions, adult adoptions, or international adoption recognitions, which together account for a substantial additional number of adoptions each year. The consistent volume of foster care adoptions alone demonstrates the vital role that adoptive families play in our community and the ongoing need for permanency in the lives of local children.
Source: Texas Department of Family and Protective Services, CPS 4.5 Adoptions Consummated by County FY2015-2024, Texas Open Data Portal.
Types of Adoption in Texas
Texas law recognizes several types of adoption, each with its own requirements and procedures. All adoptions in Texas follow the same basic legal framework established by Texas Family Code Chapter 162: the existing parent-child relationship must be terminated (voluntarily or involuntarily), and the court must enter an order creating the new parent-child relationship. The type of adoption you pursue depends on your circumstances, including your relationship to the child, how the child came into your care, and whether biological parents are involved.
Stepparent Adoption
Stepparent adoption is one of the most common forms of adoption in Texas. It occurs when a married person adopts their spouse’s biological or legally adopted child. For a stepparent adoption to proceed, the stepparent must be legally married to the child’s current legal or biological parent, and the case must be filed in the county where the child resides.
Under Texas law, the child must generally have lived with the stepparent for at least six months before the court can grant the adoption, although judges may waive this requirement for good cause. The non-custodial biological parent must either voluntarily relinquish parental rights through an affidavit of relinquishment or have their rights terminated by the court, unless that parent is deceased.
An important requirement that many families overlook: under Texas Family Code § 162.010, children who are 12 years of age or older must consent to being adopted. Judges typically confirm this consent during a private conversation with the child in chambers. Stepparent adoption creates a permanent legal relationship, giving the stepparent the same rights and responsibilities as a biological parent, including the obligation to provide financial support and the right to make decisions about the child’s education, healthcare, and welfare.
Kinship Adoption
Kinship adoption follows the same Chapter 162 framework as stepparent adoption but involves other relatives such as grandparents, aunts, uncles, or adult siblings. These cases often arise when a relative has been caring for a child informally and wishes to formalize the arrangement through adoption. The same evaluation and background check requirements apply, though the process may be somewhat streamlined when the child has an established relationship with the adoptive family member.
Private Domestic Infant Adoption
Private domestic adoption involves placing a child with an adoptive family outside of the DFPS foster care system. The match between birth parents and adoptive parents may be made directly (independent adoption) or through a licensed Texas child-placing agency.
Texas law establishes clear eligibility requirements for private adoption. Any adult who is 21 years of age or older may adopt, including single individuals. If the prospective adoptive parent is married, both spouses typically must join the petition. The child can be adopted once both biological parents’ rights are terminated, either voluntarily or involuntarily, or under specific one-parent consent scenarios outlined in Texas Family Code § 162.001(b).
A home study (called an adoption evaluation under Texas law) is required in independent adoptions unless the court grants a waiver. This requirement is governed by Texas Family Code §§ 162.003 and 107.153. In practice, private infant adoptions often involve hospital-placement newborn cases where the agency conducts screening and the home study, or direct-match situations where an attorney handles consents, termination, and the final adoption proceeding.
One point that surprises many families: Texas does not make post-adoption contact agreements legally enforceable. While many adoptions today involve some degree of openness between birth and adoptive families, any ongoing contact arrangement relies entirely on mutual agreement rather than court enforcement.
Foster Care Adoption
As the data above shows, hundreds of children in Tarrant and Denton Counties are adopted from foster care each year. These children have been removed from their biological families due to abuse, neglect, or other circumstances, and their parents’ rights have been terminated through DFPS proceedings. Families interested in foster care adoption work with the Texas Department of Family and Protective Services or a licensed child-placing agency.
Foster care adoption often involves children who are older, part of sibling groups, or have special needs. Financial assistance and support services may be available to families who adopt from foster care, making this path accessible to families across a range of economic circumstances.
Adult Adoption
Texas permits the adoption of adults, and this type of adoption is more common than many people realize. Adult adoption is frequently used by long-term stepparents or former guardians who never completed a minor adoption but have functioned as a parent for years. It also serves families who wish to formalize a de facto parent-child relationship for inheritance, name change, and emotional reasons.
The legal mechanics differ from minor adoption in significant ways. The adult adoptee’s consent is central to the proceeding, and you are not dealing with termination of a minor’s parent-child relationship in the traditional sense. However, the court still enters an order establishing the new legal parent-child relationship under the Family Code. Adult adoption can provide clarity for estate planning and creates the same legal relationship as if the adoption had occurred during childhood.
International Adoption and Foreign Decree Recognition
Families who complete an international adoption must take an additional step in Texas: obtaining court recognition of the foreign adoption decree. Texas treats international adoptions as fully valid only once a Texas court recognizes or “readopts” the child under the foreign decree.
Under Texas Family Code § 162.023, the adoptive parents file a petition asking a Texas court to recognize the foreign adoption and give it the same legal effect as a Texas adoption. The petition must include the foreign decree, certified translations, evidence of compliance with both foreign and U.S. law, and typically the prior home study documentation.
The court conducts a best-interest review and must find that the foreign adoption is consistent with the child’s best interest and Texas public policy before entering an order granting full parental rights. Once the adoption is recognized, the State Registrar can issue a Texas birth certificate reflecting the adoptive parents and, if requested, the child’s new name.
These cases sit at the intersection of federal immigration law and Texas Family Code practice. For most families, the Texas portion is about securing state-law parentage and obtaining proper vital records documentation.
If you are ready to discuss which type of adoption is right for your family, call our Southlake office at (817) 203-2220 to schedule a consultation.
What Texas Law Requires for Adoption
The adoption process in Texas is governed by Chapter 162 of the Texas Family Code. This statute sets forth the requirements that must be satisfied before a court can grant an adoption. Understanding these requirements helps prospective adoptive parents prepare for what lies ahead.
Termination of Parental Rights
Before a child can be adopted, the parental rights of the biological parents must be terminated. Under Texas Family Code § 161.001, parental rights may be terminated voluntarily through an affidavit of relinquishment or involuntarily through a court proceeding. Involuntary termination requires the court to find, by clear and convincing evidence, that one or more statutory grounds exist and that termination is in the child’s best interest.
Common grounds for involuntary termination include abandonment, endangerment, failure to support the child, and certain criminal convictions. For more detailed information, read our article on terminating parental rights in Texas.
Home Study and Background Checks
Texas requires a pre-adoptive home study (formally called an adoption evaluation) for most adoptions. The adoption evaluation assesses the prospective adoptive parents’ home environment, financial stability, physical and mental health, and ability to provide for the child’s needs. A licensed social worker or adoption evaluator conducts the study and prepares a report for the court. The requirements for these evaluations are set forth in Texas Family Code §§ 162.003 and 107.153.
Background checks, including criminal history and child abuse registry checks, are mandatory for all persons residing in the adoptive home who are 14 years of age or older. These checks help ensure the child will be placed in a safe environment.
Consent Requirements
Texas law imposes specific consent requirements depending on the circumstances. As noted above, children who are 12 or older must consent to being adopted. Birth parents’ consent (or termination of their rights) is required in virtually all cases. In certain situations outlined in Texas Family Code § 162.001(b), adoption may proceed with only one parent’s consent, such as when the other parent’s rights have already been terminated or the other parent cannot be located after diligent search.
Waiting Periods and Residency Requirements
Texas law imposes waiting periods at various stages of the adoption process. A birth parent cannot sign an affidavit of relinquishment until at least 48 hours after the child’s birth. After the petition for adoption is filed, the adoptive parents must have resided with the child for at least six months before the adoption can be finalized, although this requirement may be waived in certain circumstances such as stepparent adoptions where the child has already lived with the family.
Court Approval
Every adoption in Texas must be approved by a court. The adoptive parents file a petition for adoption, and a hearing is held where the judge reviews the home study, background checks, and other evidence to determine whether the adoption is in the child’s best interest. If the court is satisfied that all requirements have been met, it enters an order granting the adoption.
What Factors Do Courts Consider in Adoption Cases?
The overriding concern in every adoption case is the best interest of the child. Texas courts evaluate multiple factors when determining whether to approve an adoption.
These factors include the physical and emotional needs of the child, the ability of the adoptive parents to meet those needs, the stability of the adoptive home, and any existing relationship between the child and the prospective adoptive parents. In stepparent and kinship adoptions, courts give significant weight to the established bond between the child and the person seeking to adopt.
The court reviews the home study report carefully, paying attention to the evaluator’s observations about the home environment and the prospective parents’ parenting capabilities. Financial stability is considered, but a family does not need to be wealthy to adopt. Courts look for evidence that the adoptive parents can provide for the child’s basic needs and offer a loving, stable home.
If the child is old enough to express a preference (and remember, children 12 and older must affirmatively consent), the court takes the child’s wishes seriously. For younger children, the court may still consider any expressed preferences, though this is just one factor among many.
The Adoption Process: Step by Step
Understanding what to expect at each stage of the adoption process helps families prepare and reduces anxiety. While the specific steps vary depending on the type of adoption, the general process follows a predictable pattern.
1. Initial Consultation with an Adoption Attorney
The first step is meeting with a family law attorney who handles adoptions. During this consultation, the attorney learns about your situation, explains the legal requirements, and helps you understand which type of adoption applies to your circumstances. The attorney can also estimate the timeline and costs involved.
2. Beginning the Home Study
For adoptions requiring a home study, the process begins with selecting a licensed adoption evaluator. The evaluator schedules interviews with all household members, inspects the home, and gathers documentation such as financial records, medical reports, and reference letters. The home study typically takes several weeks to complete.
3. Termination of Parental Rights (If Necessary)
If the biological parents’ rights have not already been terminated, this step must occur before the adoption can proceed. In stepparent adoptions, the non-custodial parent may voluntarily relinquish rights through an affidavit. In contested cases or when a parent cannot be located, a termination proceeding may be necessary.
4. Filing the Petition for Adoption
Once all preliminary requirements are satisfied, the attorney files a petition for adoption with the appropriate court. Southlake residents may file in either Tarrant or Denton County depending on their specific location within the city. The petition includes information about the child, the adoptive parents, and the circumstances of the adoption. Required documents such as the home study report, consent forms, and background check results are filed with the petition.
5. The Adoption Hearing
A hearing is scheduled where the judge reviews all evidence and makes a final determination. In uncontested adoptions, the hearing is typically brief and straightforward. The judge may ask the adoptive parents questions about their commitment to the child and their understanding of the responsibilities they are assuming. If the child is 12 or older, the judge will typically speak with the child privately to confirm their consent.
6. Entry of the Adoption Order and New Birth Certificate
If the court approves the adoption, it enters an order of adoption that creates a permanent legal parent-child relationship. A new birth certificate is then issued by the State Registrar showing the adoptive parents as the child’s legal parents. If requested, the new birth certificate can also reflect a new name for the child.
How Long Does Adoption Take in Texas?
The timeline for adoption varies significantly depending on the type of adoption and whether any complications arise. Stepparent adoptions are typically the fastest, often completed in three to six months when the non-custodial parent voluntarily relinquishes rights and the six-month residency requirement has already been satisfied or can be waived.
Private and agency adoptions involving infants may take longer due to matching processes and waiting periods. Foster care adoptions can also vary widely in timeline depending on whether the child is already placed with the prospective adoptive family and whether parental rights have been terminated.
International adoption recognition proceedings in Texas are generally straightforward once all documentation is assembled, but gathering the required foreign documents and certified translations can add time to the process.
If parental rights must be terminated involuntarily, the process can extend to a year or more as the case works through the court system. Having experienced legal representation can help move the process along efficiently by ensuring paperwork is completed correctly the first time and deadlines are met. Delays often occur when forms are incomplete, required documents are missing, or procedural requirements are overlooked.
Common Challenges in Adoption Cases
While many adoptions proceed smoothly, certain situations present challenges that require skilled legal handling.
Absent Biological Parents
When a biological parent cannot be located, Texas law provides procedures for terminating that parent’s rights by publication. This involves publishing notice in a newspaper and following specific legal requirements. An attorney experienced in adoption law knows how to properly execute this process and document the diligent search efforts required by the court.
Biological Parent Contests the Adoption
A biological parent who initially agreed to the adoption may later attempt to revoke consent. Texas law places strict limits on when and how consent can be revoked. If a parent challenges the adoption after the statutory period for revocation has passed, the challenge will likely fail, but it still requires a legal response.
Interstate Adoption Issues
Adoptions involving parties in different states trigger the Interstate Compact on the Placement of Children (ICPC). Compliance with ICPC requirements is mandatory, and violations can jeopardize the adoption. An attorney familiar with interstate adoption procedures ensures proper coordination between states.
Adult Stepparent Who Never Completed Minor Adoption
A common situation involves stepparents who raised a child but never completed the legal adoption during the child’s minority. Adult adoption can resolve this by formalizing the relationship that has existed for years. While the legal process differs from minor adoption, the result creates the same parent-child relationship for purposes of inheritance, medical decisions, and other legal matters.
Adoption of Children with Special Needs
Adopting a child with special needs may qualify families for financial assistance through state and federal programs. Understanding available resources and how to access them is an important part of planning for these adoptions. Given that more than 1,100 children were adopted from foster care in Tarrant and Denton Counties over the past four years, many of whom had special needs, this is a significant consideration for families in the Southlake area.
Protecting Your Family’s Interests
Adoption creates a permanent legal relationship that carries lifelong implications. Taking certain steps helps ensure the process goes smoothly and protects your family’s interests.
Keep detailed records of all documents, communications, and expenses related to the adoption. Maintain copies of consent forms, home study reports, and court filings in a secure location. These records may be needed years later if questions arise about the adoption.
Be completely honest during the home study process. Evaluators are looking for genuine, caring families, not perfect ones. Attempting to hide information can backfire and create problems later. If you have concerns about something in your background, discuss it with your attorney beforehand.
Understand that open adoption agreements are not legally enforceable in Texas. If you are entering into an arrangement with birth parents that contemplates ongoing contact, recognize that maintaining that relationship will depend on mutual goodwill rather than court orders. Think carefully about what commitments you can realistically honor.
If you are pursuing a private adoption, never pay expenses that Texas law prohibits. Adoptive parents may pay certain birth parent expenses, but paying for things like rent or car payments can be considered illegal inducement. Your attorney can advise you on what expenses are permissible under Texas law.
What to Expect From Varghese Summersett
When you work with our Southlake family law team on your adoption, you receive personalized attention and clear communication throughout the process. We begin with a thorough consultation where we learn about your family and explain exactly what steps lie ahead based on your specific type of adoption.
Your attorney prepares all required documents, coordinates with the home study evaluator, and handles all court filings. We keep you informed at every stage and promptly return your calls and emails. If complications arise, we have the experience and resources to address them effectively.
Our goal is to make the adoption process as smooth as possible so you can focus on welcoming your new family member. We understand the emotional significance of adoption and treat every case with the care and attention it deserves.
To discuss your adoption with one of our attorneys, call (817) 203-2220 or visit our adoption practice area page for more information.
Have more questions? Watch our video series where our attorneys answer common family law questions: Ask Our Divorce Lawyer
Frequently Asked Questions About Adoption in Texas
How much does adoption cost in Texas?
Adoption costs vary widely depending on the type of adoption. Stepparent and kinship adoptions are generally the least expensive because they involve fewer procedural requirements. Private infant adoptions through agencies can range from $20,000 to $50,000 or more, depending on agency fees, legal costs, and other expenses. Foster care adoptions typically have minimal costs and may include subsidies for the adoptive family. International adoption costs vary significantly by country. An attorney can provide a more specific estimate based on your circumstances.
Can a single person adopt in Texas?
Yes. Texas law allows any adult who is 21 years of age or older to adopt, including single individuals. The same home study and background check requirements apply. Courts evaluate single adoptive parents using the same best interest standard that applies to married couples.
Do both biological parents have to consent to adoption?
Generally, yes. Both biological parents must either consent to the adoption or have their parental rights terminated before the adoption can proceed. However, Texas Family Code § 162.001(b) allows adoption to proceed with only one parent’s consent in certain circumstances, such as when the other parent is deceased, has had rights terminated, or cannot be located after diligent search.
Does my stepchild have to agree to the adoption?
If your stepchild is 12 years of age or older, yes. Under Texas Family Code § 162.010, children who are 12 or older must consent to being adopted. The judge will typically confirm this consent by speaking privately with the child. For children under 12, consent is not legally required, though courts may still consider the child’s wishes.
Are open adoption agreements enforceable in Texas?
No. Texas does not make post-adoption contact agreements legally enforceable. While many families maintain open adoption relationships with birth families, these arrangements rely entirely on mutual agreement and goodwill. If a birth parent or adoptive parent later decides to discontinue contact, there is no legal mechanism to force compliance with an earlier agreement.
Can I adopt an adult in Texas?
Yes. Texas permits adult adoption, which is commonly used by stepparents who raised a child but never completed a legal adoption, or by families who wish to formalize long-standing parent-child relationships. The adult adoptee must consent, and the court enters an order establishing the legal parent-child relationship. Adult adoption creates the same legal rights as if the adoption had occurred during childhood, including inheritance rights.
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Building a family through adoption is one of life’s most meaningful decisions. Our Southlake adoption attorneys are ready to help you take this important step. Call (817) 203-2220 to schedule a consultation and learn how we can guide your family through the adoption process.
