Family Law · 2025-02-07 · 10 min read · Anthony Robles
The Adoption Process in Texas: Steps, Timeline & Requirements
TL;DR (Quick Summary)
Every Texas adoption has two legal parts: (1) termination of the biological parents' rights (voluntary relinquishment or involuntary termination) and (2) the adoption suit itself. Core requirements: any adult may petition (a married petitioner's spouse must join), the child generally must live with you 6 months before the final hearing (waivable), a pre-adoption home study and criminal background checks are required, and children 12+ must consent. Timelines: uncontested stepparent/kinship adoptions often finish in 3–6 months; foster-to-adopt follows the CPS case timeline; private newborn adoptions include a 48-hour post-birth wait before relinquishment plus a 60-day revocation-proof affidavit.
The Process Step by Step
- 1. Terminate parental rights: voluntarily via an affidavit of relinquishment (signable no earlier than 48 hours after birth, generally irrevocable) or involuntarily under Family Code §161.001 grounds — see involuntary termination explained.
- 2. File the adoption petition in the county where you or the child live; termination and adoption are often combined in one suit.
- 3. Home study (adoption evaluation): a licensed evaluator visits your home, interviews the family, and reviews finances and background checks (~$300–$1,000 in West Texas; sometimes waived for close relatives).
- 4. Six-month residency: the child must generally live with you 6 months before finalization — courts routinely waive this for stepparents and relatives when it serves the child.
- 5. Amicus attorney / ad litem may be appointed to represent the child's interests.
- 6. Final hearing: a short, celebratory court appearance — the judge signs the decree, and a new birth certificate issues naming you as parent.
Timelines and Wrinkles by Adoption Type
Stepparent adoption (the most common in Ector and Midland counties): 3–6 months uncontested; the absent parent's rights must be terminated first, which is the only genuinely contested variable. Kinship/grandparent adoption: similar path, often after CPS involvement or informal custody. Foster-to-adopt: follows the CPS case — adoption becomes possible after the court terminates parental rights; most costs are waived and subsidies continue. Private/agency newborn adoption: birth mother cannot sign a relinquishment until 48 hours after birth; a properly drafted affidavit is irrevocable for 60 days, which protects placement. Adult adoption: the simplest — consent of the adult adoptee is all that's needed.
Once final, an adoption is permanent: the child inherits from you, your name goes on the birth certificate, and the former parents' obligations end. We handle stepparent, kinship, and contested-termination adoptions across the Permian Basin — costs are quoted flat at the case evaluation: (432) 366-6000. Also see how much adoption costs in Texas.
Frequently Asked Questions
How long does adoption take in Texas?
Uncontested stepparent and kinship adoptions: commonly 3–6 months. Foster-to-adopt depends on the CPS case (often 12–18 months total). Private newborn adoptions vary with matching but finalize about 6 months after placement.
Does my child have to consent to being adopted?
Children 12 and older must consent in writing (or in court), unless the judge waives it in the child's best interest.
Do I need a home study for a stepparent adoption?
An adoption evaluation is generally required, but courts can and often do streamline or waive parts of it for stepparents and close relatives who already live with the child.
Can a single person adopt in Texas?
Yes — any adult may adopt. If the petitioner is married, the spouse must join the petition. Marital status alone is not a barrier.