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When Maya turned 26, she handed her stepfather a small box over Sunday dinner. Inside was a note: “You’ve always been my dad. Can we make it official?” In this fictional example, years of birthday calls, shared meals, and steady support led Maya to ask how to get adopted in Texas. Her question was about giving legal recognition to a bond they already shared.
The answer starts with understanding the process that fits your situation. For adult adoption, Texas Family Code §162.504 requires the person being adopted to consent in writing. Cases involving minors follow different rules. Before moving forward, you deserve to understand who files, what the court requires, and how adoption could change your legal relationships and inheritance rights.
At the Law Office of Bryan Fagan, PLLC, we help families approach those decisions with clarity and care. Our firm was founded by Bryan Joseph Fagan, a South Texas College of Law graduate and Texas attorney since 2012. Through compassionate counsel and plain-language guidance, we pursue our mission of educating families and protecting futures—helping people find greater peace of mind during life’s major transitions.
Whether you hope to honor a lifelong connection or explore a new family relationship, this guide will help you understand the steps ahead and the questions worth asking before you say yes.
This guide is written for the person being adopted; if you are the adult hoping to adopt, our adoption-petition filing checklist and our guide to what the adoption court needs cover that side.
Quick Answer
Quick Answer
You cannot adopt yourself. The person who wants to become your parent files. Adults must consent in writing; both people must attend unless the court, for good cause, signs a written waiver because one cannot attend. For a legal child, an adult with standing files; at 12 or older, consent and attendance are required unless the court separately waives either in your best interest.
Key Takeaways
- Someone else files. The person adopting you is the petitioner; you cannot file your own adoption.
- Your consent is required as an adult. A court may not grant an adult adoption unless you consent in writing to be adopted by the petitioner.
- You both attend. You and the petitioner must attend the hearing unless the court waives it for good cause, by written order, because one of you is unable to attend.
- Inheritance changes in both directions. You inherit from your adoptive parents and no longer inherit from or through your biological parent.
- A legal child follows a different path. An adult with standing files. A child 12 or older must consent and attend, but the court may separately waive either requirement in the child’s best interest.
Which Path Applies to You?
The first step in understanding how to get adopted in Texas is confirming whether Texas law treats you as an adult or a child. Age usually answers that question, but marriage or a court order removing the disabilities of minority for general purposes can affect the analysis. Texas Family Code §101.003 defines these categories, so anyone under 18 with either circumstance should have their legal status reviewed before choosing a process. tcss.legis.texas.gov
Once you know which category applies, you can focus on the right requirements for consent, filing, and court attendance. If you qualify for the adult process, our guide to adult adoption in Texas offers more context. Find your situation below to see which path deserves a closer look.
| Your situation | How the case works | Main source |
|---|---|---|
| You are an adult under §101.003, usually because you are 18 or older | The adult who wants to adopt you files in the county of the petitioner’s residence. Your written consent is required, and both of you must attend. For good cause shown, the court may waive attendance by written order if either person is unable to attend. | Texas Family Code Chapter 162, Subchapter F |
| You are under 18 and are or have been married, or have had the disabilities of minority removed for general purposes | Do not assume the child-adoption path. Section 101.003 does not define you as a “child,” so have an attorney confirm how Subchapter F and the rest of Title 5 apply before anyone files. | Texas Family Code §101.003 |
| You are under 18 and a “child” under §101.003 | An adult with standing files the case; if you are 12 or older, you must consent in writing or in court and attend the hearing, unless the court waives either requirement in your best interest | Chapter 162, Subchapter A, and Chapter 102 |
| You are in foster care | Your caseworker and the people already involved in your case are the starting point; adoption still requires an adult petitioner and a court order | Chapter 162 and your existing case |
How to Get Adopted in Texas as an Adult
If Texas law treats you as an adult, the person who wants to adopt you starts the adoption case by filing a petition. Your adoption follows Texas Family Code Chapter 162, Subchapter F. Confirming your legal status comes first: §101.003 defines “adult” and “child,” and marriage or a court order removing the disabilities of minority for general purposes can affect which process applies to someone under 18. tcss.legis.texas.gov
The prospective adoptive parent must be an adult residing in Texas under §162.501. Under §162.502, that person files in the county where they live, either in district court or a statutory county court with the required family-law jurisdiction. For you, this means the filing location follows the petitioner’s residence. tcss.legis.texas.gov
If the person adopting you is married, both spouses must join the petition under §162.503(b). Joining the petition does not necessarily mean both spouses will become your adoptive parents: §162.506(b) allows the court, at their request, to grant the adoption to only one spouse. Clarify that choice before filing so the requested order reflects the intended family relationship. tcss.legis.texas.gov
Section 162.506(a) directs the court to grant the adoption once it finds that the adult-adoption requirements are met. Understanding each person’s role can make the process easier to follow; our guide to adult adoption in Texas provides additional context. Here is who does what in an adult adoption:
Here is who does what in an adult adoption:
| Who | What they do | Source |
|---|---|---|
| The petitioner (the adult adopting you) | Files the petition in the county where the petitioner lives; if married, the petitioner’s spouse must join the petition | §§162.501–162.503 |
| You (the adult being adopted) | Consent in writing to be adopted by the petitioner | §162.504 |
| Both of you | Attend the hearing; for good cause shown, the court may waive attendance by written order if either person is unable to attend | §162.505 |
| The court | Grants the adoption if the requirements for adult adoption are met, and may grant it to both spouses or, on their request, to only one | §162.506 |
Supporting case note: an informal family relationship is not a completed adult adoption. In Dampier v. Williams, 493 S.W.3d 118 (Tex. App.—Houston [1st Dist.] 2016) (No. 01-15-00670-CV), the court of appeals declined to recognize an adult adoption by estoppel. The two men had a close relationship for about 30 years, called each other father and son, and allegedly discussed adoption, and the older man signed general and medical powers of attorney naming the younger—but no adoption petition was ever filed. The dispute arose in probate after the older man died without a will. The decision is from an intermediate appellate court and concerned inheritance; it does not replace Chapter 162 or decide every purpose for which a relationship may matter, but it shows why a promise, a family title, a power of attorney or a long relationship is not the same as an adoption order. Source: an unofficial reproduction of the opinion; the reporter citation was confirmed through secondary sources; treatment was checked by search only, not a citator.
What Your Written Consent Means
A Texas court cannot grant your adult adoption unless you consent in writing to be adopted by the petitioner—the person asking to become your legal parent. That requirement comes from Texas Family Code §162.504. A verbal agreement or a shared wish to become family does not replace your written consent. tcss.legis.texas.gov
Your consent and your attendance at the hearing are separate requirements. Under §162.505, you and the petitioner must attend; if either of you is unable to attend, the court may waive that person’s attendance for good cause through a written order. Signing your consent does not, by itself, excuse you from appearing. tcss.legis.texas.gov
Subchapter F does not list a biological parent’s consent, a home study, or a waiting period among its adult-adoption requirements. That does not promise an immediate hearing or eliminate local filing procedures. Before signing, ask how your consent should be prepared and submitted, and confirm what the court requires for your appearance. tcss.legis.texas.gov
You should understand the decision and feel free to ask questions without pressure. If you have concerns about your ability to consent freely or understand the document, seek individual legal advice before proceeding. Our guide to adopting an adult in Texas provides additional context for that conversation.
What Changes After the Order
Once the court grants your adult adoption, you become the legal son or daughter of your adoptive parents for all purposes under Texas Family Code §162.507(a). Section 162.507(b) also gives you the right to inherit from and through them as though you were their biological child. “Through” matters because inheritance rights can extend beyond your adoptive parents to other relatives in that family. tcss.legis.texas.gov
The order also changes inheritance rights involving your biological family. Under §162.507(c), you may no longer inherit from or through your biological parent, and a biological parent may no longer inherit from or through you. Before consenting, ask how this rule affects your circumstances, especially if a stepparent is adopting you and you want to understand the effect on inheritance through your other parent. tcss.legis.texas.gov
Statutory inheritance rights are distinct from gifts made through a will, trust, or beneficiary designation. If your family has existing estate-planning documents, coordinated adoption and estate-planning advice can help clarify how those documents work alongside the proposed adoption. Our guide to adopting an adult in Texas offers additional context, so you can approach this lasting decision with clearer expectations.
Can My Name Change When I Am Adopted as an Adult?
Possibly, but not automatically. According to the Texas State Law Library, no Texas law specifically addresses changing an adult’s name through adoption. The petition may ask the judge to change your name; if the judge approves, the final adoption decree orders the change, and if the request is denied, you can use the separate adult name-change process. TexasLawHelp offers self-help forms for adult adoption with and without a name change. Even when a name change is granted, it does not update your identification or other records; each one must be updated separately.
What to Do After the Adult-Adoption Order
After the Order
- Get certified copies of the signed order.
- Ask the clerk which vital-statistics paperwork applies to your order; an updated birth certificate is not automatic.
- If the court granted a name change, update your identification and other records one at a time.
- Review wills, trusts, beneficiary designations and powers of attorney with counsel, because inheritance changes in both directions (§162.507).
If Texas Law Treats You as a Child
If you are legally a child under Texas Family Code §101.003, an adult with standing—the legal right to bring the case—must petition to adopt you. Section 162.001(a) makes that petition subject to Chapter 102’s standing requirements, and §102.005 specifically includes stepparents among those who may file. Wanting to be adopted does not allow you to complete the process on your own. tcss.legis.texas.gov
If you are 12 or older, two separate requirements apply. Under §162.010(c), you must consent in writing or in court unless the judge waives consent in your best interest. Under §162.014(b), you must also attend the hearing unless the judge separately waives attendance in your best interest. A waiver of one requirement does not automatically waive the other. tcss.legis.texas.gov
If you are in foster care, tell your caseworker and your attorney that you want to discuss adoption. They can explain how your wishes fit into the existing case and which steps remain before an adoption could be finalized. You deserve space to ask questions and understand what the proposed family relationship would mean for you.
For matters involving DFPS/CPS, non-parent custody, or kinship arrangements, The Law Office of Bryan Fagan, PLLC may recommend Megan Nordyke, whose practice includes those areas and adoption. Our team considers the issues involved when recommending counsel, helping families find guidance suited to their circumstances. Divorce Attorney in Houston, TX
Questions to Ask Before You Say Yes
Questions to Ask
- Who will file the petition, and in which county do they live?
- Is the person adopting me married, and will their spouse join the petition?
- Do I understand that I will no longer inherit from or through my biological parent?
- Can I attend the hearing, and if not, what reason will the court be asked to accept?
- Have I had a chance to ask an attorney my own questions before I sign my consent?
Questions About Being Adopted?
A Texas family-law attorney at the Law Office of Bryan Fagan, PLLC can explain who must file, what your consent means and how an adoption would change your legal relationships, without promising a particular outcome.
Legal Resources
- Texas Family Code Chapter 101 (Definitions) — Official Texas law defining “child” and “adult” for the parent-child title (section 101.003).
- Texas Family Code Chapter 162 (Adoption) — Official Texas law: adult adoption in Subchapter F (sections 162.501–162.507) and a child’s consent and attendance (sections 162.010 and 162.014).
- Texas Family Code Chapter 102 (Filing Suit) — Official Texas law on who has standing to file a suit requesting an adoption of a child (section 102.005).
- Dampier v. Williams, 493 S.W.3d 118 (Tex. App.—Houston [1st Dist.] 2016) — Court of appeals opinion declining to recognize an adult adoption by estoppel; linked to an unofficial reproduction; supporting note only.
Practical Resources (Nonbinding Self-Help Guidance)
- Texas State Law Library — Name Changes Through Adoptions — Library guide explaining name-change requests in adult and child adoptions; self-help guidance, not legal authority.
- TexasLawHelp — I Want to Adopt an Adult in Texas — Self-help instructions and forms for adult adoption with and without a name change; not legal authority.
Research note: this article relies on official Texas statutes read from official sources. Authorities last checked October 26, 2026.
Lisa Kreider works with families in adoption and related family transitions and can help you understand what being adopted would mean for you.
Meet Lisa Kreider
Meet the Attorney
Lisa Kreider
Family Law Attorney | Rockwall Office
Lisa Kreider helps individuals and families navigate divorce, child custody, parentage, adoption, modifications, termination and other major family transitions. She works toward practical resolution when appropriate and prepares cases for hearings or trial when significant issues remain disputed.
Credentials: Texas attorney since 2017 · J.D., Texas Tech University School of Law, 2016
Conclusion
Learning how to get adopted in Texas helps you decide whether legal adoption fits the relationship you want to formalize. Before consenting, take time to understand the process, its lasting effects, and any questions about your existing family ties. Our guide to adult adoption in Texas and how it works offers additional context as you prepare for that conversation.
In straightforward situations, such as an agreed adult adoption with clear, voluntary consent, counsel who handles adoption matters can explain the requirements and guide your preparation. In more complex cases involving concerns about pressure, capacity to consent, prior adoption orders, or inheritance, you may need additional legal analysis or coordinated estate-planning advice. If your situation involves a child and disputed parental rights, that calls for a separate assessment of the child-adoption requirements and any need for litigation counsel.
At The Law Office of Bryan Fagan, PLLC, educating families and protecting futures means helping you make informed choices with support suited to your circumstances. Bring your questions and any relevant court orders to a free consultation so our team can discuss your goals and explain appropriate next steps. Call 281-810-9760 or schedule a consultation. Hiring an attorney involves fees, and no attorney can guarantee a faster result or a particular outcome.
About the Author and Reviewer
Bryan Joseph Fagan
Founder, Law Office of Bryan Fagan, PLLC
Texas Divorce & Family Law Attorney · Licensed in Texas Since 2012
Bryan Joseph Fagan founded the Law Office of Bryan Fagan, PLLC in 2012. His work includes Texas family-law strategy, firmwide leadership, team-based case planning, and client education designed to help families understand their legal options and make informed decisions.
Juris Doctor, South Texas College of Law, 2011 · Licensed by the State Bar of Texas May 4, 2012 · Bar No. 24080889
Read Bryan Joseph Fagan’s profile · Verify on the State Bar of Texas
About the Law Office of Bryan Fagan, PLLC
The Law Office of Bryan Fagan, PLLC helps Texas families understand and navigate family-law issues involving divorce, child custody, possession and access, and related matters. Founded by Bryan Fagan in 2012, the firm combines legal representation with education designed to give families clearer information about their options and the decisions ahead.
Frequently Asked Questions
No. The person who wants to become your parent files the petition. If you are an adult, your role is to consent in writing. You and the petitioner must attend unless the court, for good cause, signs a written order waiving attendance because one of you cannot attend. For a child, an adult with standing files, and your consent is required at 12 or older unless the court waives it in your best interest.
No. Section 162.504 requires your own written consent, and the adult-adoption provisions in Chapter 162, Subchapter F, do not list a biological parent’s consent among their requirements. They require a petition, your written consent, attendance by you and the petitioner, and a finding that the adult-adoption requirements are met. Attendance may be waived only for good cause, by written order, if either person is unable to attend.
No. Under Texas Family Code section 162.507, an adopted adult may not inherit from or through the adult’s biological parent, and a biological parent may not inherit from or through the adopted adult. You inherit from and through your adoptive parents instead.
Yes. A teenager who is a child under section 101.003 cannot file the case; an adult with standing, such as a stepparent, files the petition. A child 12 or older must consent in writing or in court and attend the hearing, unless the court waives either requirement in the child’s best interest.
No. A single adult residing in Texas may petition to adopt another adult. If the petitioner is married, both spouses must join the petition, although the court may grant the adoption to both spouses or, at their request, to only one spouse.
Attorney advertising. This page provides general information about being adopted in Texas. It is not legal advice, does not provide forms, and reading it does not create an attorney-client relationship. Results depend on the facts, the court and the governing law; no outcome is guaranteed.
