Adoption Attorneys in Fort Worth, Texas
Adoption Attorneys in Fort Worth Texas help families turn the love they have already built into a permanent legal relationship. Adoption is one of the few areas of family law that begins with hope rather than conflict. A stepparent wants to become the legal parent of the child they have helped raise for years. Grandparents who stepped in during a family crisis want to provide lasting stability. Foster parents are ready to give a child a forever home, and hopeful parents are preparing to welcome a newborn through an agency. Although every family’s journey is different, the destination is the same: creating a permanent parent-child relationship that gives a child security, belonging, and a brighter future.
Before beginning the adoption process, there is one legal principle every family should understand because it shapes nearly every case. Under Texas law, a child generally cannot be adopted until the legal rights of each living parent have been terminated, either before the adoption or as part of the same court proceeding. The primary exception is a stepparent adoption, where your spouse—the child’s legal parent—retains their parental rights and joins you in the adoption petition. Whether the termination of parental rights is voluntary or contested often determines the timeline, complexity, and overall cost of an adoption, making it one of the first issues an experienced attorney evaluates.
At The Law Office of Bryan Fagan, PLLC, we have guided Texas families through life’s most important transitions for more than a decade. Led by Bryan Joseph Fagan, a graduate of South Texas College of Law and a recognized authority on Texas family law, our team helps families throughout Fort Worth and Tarrant County with every type of adoption, including stepparent, relative, kinship, agency, infant, foster care, CPS, interstate, and adult adoptions. We believe families make better decisions when they understand the law, which is why education and compassionate guidance are central to everything we do.
This guide explains what you need to know before starting an adoption in Texas. You’ll learn who can adopt, how the legal process works, when parental rights must be terminated, what to expect during a home study, how long different types of adoptions typically take, and what happens after an adoption becomes final. Most importantly, you’ll gain a clear understanding of the path ahead so you can move forward with confidence, knowing your family is taking the next step toward a permanent future together.
The Short Answer
Adoption in Texas creates a permanent legal parent-child relationship. Before a child can be adopted, every living parent’s rights must be terminated — either already or in a termination suit joined with the adoption (Family Code §162.001) — except in a stepparent adoption, where your spouse keeps their rights and joins the petition. Types include stepparent, agency and infant, foster and CPS, relative, and adult adoption. Adult adoption is consent-based and needs no termination.
Key things to know about adoption in Fort Worth
- Adoption creates a permanent legal parent-child relationship — the same rights and duties as a biological parent.
- A child can’t be adopted until each living parent’s rights are terminated, or a termination suit is joined with the adoption (§162.001).
- In a stepparent adoption, your spouse keeps their rights and joins the petition; only the other parent’s rights are terminated (§162.001(b)(2)).
- Termination can be by consent or contested — and that difference drives cost and timeline more than anything else.
- Adult adoption is a separate, consent-based path with no termination required.
- A child 12 or older must consent to being adopted, and a home study or adoption evaluation is often required (sometimes waived in uncontested cases).
- Once final, adoption ends the terminated parent’s rights and support duty and gives the child full inheritance rights from the new parent.
Our office is available 24/7. Do not hesitate to schedule your free case evaluation by calling 817-406-7230 or contacting us online today.
How does adoption work in Texas?
Adoption Attorneys in Fort Worth Texas help families establish a permanent legal parent-child relationship that provides children with lifelong security, stability, and legal protections. Once an adoption is finalized, the adoptive parent has the same legal rights and responsibilities as a biological parent, including the authority to make important decisions regarding the child’s education, healthcare, and well-being. The child also gains the same legal benefits, including inheritance rights. Most adoptions are governed by Chapter 162 of the Texas Family Code, and before a child can be adopted, the legal rights of each living parent generally must be terminated before—or as part of—the adoption proceeding under Texas Family Code §162.001. The primary exception is a stepparent adoption, where the child’s legal parent remains a parent and joins the adoption petition.
Every family’s journey is unique, which is why identifying the type of adoption is one of the first steps in the process. Stepparent adoptions often follow divorce or remarriage, while relative and kinship adoptions may involve grandparents, aunts, uncles, or other family members who have become a child’s primary caregivers. Foster care and CPS adoptions typically arise after permanency planning through the Texas Department of Family and Protective Services, while agency and infant adoptions involve licensed child-placing agencies and additional legal requirements. Adult adoptions follow a different process because no parental rights must be terminated. If you’d like a broader overview of how these adoption pathways work across Texas, explore our guide to Texas adoption services in Austin.
One of the first questions we answer during a consultation is which adoption path best fits your family’s circumstances because every case has its own legal requirements, timeline, and level of complexity. In straightforward stepparent adoptions where the other parent voluntarily relinquishes parental rights, the process is often more predictable. In more complex matters—such as contested termination cases, interstate placements governed by the Interstate Compact on the Placement of Children (ICPC), or situations where a biological parent cannot be located—additional legal procedures may be required before an adoption can be finalized.
Regardless of the type of adoption, Texas courts focus on one guiding principle: protecting the best interest of the child. Understanding the legal process from the beginning helps families make informed decisions, avoid unnecessary delays, and move toward a final adoption order with confidence. If your adoption also involves child custody or the termination of parental rights, our related resources can help you better understand how these legal issues work together to create a permanent, loving family.
The biggest myth we correct: that marrying a child’s parent makes you a legal parent. It does not — in Texas, a stepparent gains legal rights only through adoption (§162.001).
Not sure which type of adoption fits your family? A consultation will make it clear.
Schedule a Confidential ConsultationTypes of adoption we handle
Adoption Attorneys in Fort Worth Texas assist families with every major type of adoption recognized under Texas law, each with its own legal requirements and path to permanency. Whether you’re growing a blended family, adopting a relative, welcoming a child through an agency, or providing a forever home after foster care, the goal remains the same: creating a permanent legal parent-child relationship that serves the child’s best interests. Understanding which type of adoption applies to your situation is one of the first and most important steps because it determines the court procedures, required documentation, and whether parental rights must first be terminated.
The most common adoption we handle is stepparent adoption, where a husband or wife adopts the child they have already been helping raise. In these cases, the other biological parent’s rights generally must be terminated under Texas Family Code Chapter 162, unless another legal exception applies. We also regularly assist with relative and kinship adoptions, helping grandparents, adult siblings, aunts, uncles, and other family members create a permanent legal relationship after stepping in to care for a child. These cases often involve questions about standing under Texas Family Code §102.003, prior custody orders, conservatorship, or the termination of parental rights.
Our team also represents families pursuing agency, infant, foster care, CPS, interstate, and adult adoptions. Agency and infant adoptions typically involve licensed child-placing agencies, home studies, and voluntary relinquishment of parental rights. Foster care and CPS adoptions generally follow permanency planning through the Texas Department of Family and Protective Services (DFPS), while adult adoptions provide a simpler legal process because parental rights do not need to be terminated. Families interested in learning how these adoption options are handled in other Texas communities may also find our guide to adoption in Pinehurst, Texas helpful, as it explains many of the same statewide legal principles.
No two families arrive at adoption in the same way, and no single legal strategy fits every case. In straightforward adoptions, the process may involve little more than completing the required paperwork, evaluations, and final hearing. In more complex situations—such as contested parental rights, CPS involvement, or interstate placements—additional legal planning may be required to achieve a successful outcome. By identifying your family’s unique circumstances early, you can better understand which adoption path is right for you and move toward building a permanent, legally recognized family with confidence.
Terminating parental rights: the step that makes adoption possible
This is the heart of almost every child adoption. Texas will not create a new legal parent for a child who already has two legal parents, so before an adoption can be granted, the parental rights of each living parent must be ended — and this is governed by Chapter 161 of the Family Code. Termination happens one of two ways: voluntarily, when a parent signs an affidavit of relinquishment or consents, or involuntarily, when a court ends the rights on statutory grounds after finding it is in the child’s best interest. In an adoption, the termination suit can be filed together with the adoption so they move as one case (§162.001).
When the other parent agrees, this step is straightforward. When they do not, it becomes a contested termination — a serious, high-stakes fight with its own grounds, evidence, and standards, because a court is being asked to permanently sever a parent-child bond. That contested-termination battle is its own subject, and the detailed mechanics of how those cases are fought live on our Fort Worth child custody page. For adoption, the key point is this: termination is not optional and it is not informal — it takes a court order, and how contested it is will shape everything that follows.
Warning: do not assume that marrying a child’s parent gives you legal rights, and do not treat an informal “the other parent agreed” as settled. In Texas, a stepparent gains rights only through adoption, and a parent’s rights end only by a written court order — a verbal agreement, a text, or even a signed note between the parties does not terminate anyone’s rights. Until the court signs the order, the other parent remains a full legal parent.
Stepparent adoption in Texas
Adoption Attorneys in Fort Worth Texas frequently help blended families complete stepparent adoptions because they provide a permanent legal relationship between a child and the parent who has already been filling that role every day. Unlike other types of adoption, a stepparent adoption allows the child’s legal parent—your spouse—to keep all of their parental rights while joining the adoption petition. Under Texas Family Code §162.001, the only parental rights that generally must be terminated are those of the child’s other legal parent. When that parent voluntarily signs an affidavit of relinquishment or consents to the adoption, the termination and adoption can often proceed together, making the process more efficient than many families expect.
Not every stepparent adoption follows the same path. In straightforward, uncontested cases where everyone agrees, the court can often move the matter forward with fewer obstacles. In more complex adoption matters, such as when a biological parent contests the termination of parental rights or cannot be located, additional legal procedures may be required before an adoption can be finalized. These cases often involve careful attention to notice requirements, evidence, and the court’s determination that the adoption serves the child’s best interests. Families facing unique circumstances, including the loss of a biological parent, may also benefit from learning more about stepparent adoption after the death of a parent and how Texas law addresses those situations.
Texas law also includes important eligibility requirements that families should understand before filing. In most cases, the child must have lived with the stepparent for at least six months before the adoption is granted, although the court may waive that requirement when doing so serves the child’s best interests. Children who are 12 years of age or older generally must consent to their own adoption, giving older children a meaningful voice in the process. Additional provisions under Texas Family Code §162.001(b)(3) and (b)(4) permit certain managing conservators and former stepparents who have provided long-term care to pursue adoption under specific circumstances when one parent’s rights have already been terminated.
For many blended families, a stepparent adoption represents much more than a legal proceeding—it confirms the family relationship that has already existed for years. Once the court signs the Final Decree of Adoption, the adoptive stepparent becomes the child’s permanent legal parent with the same rights and responsibilities as any biological parent. That permanence provides children with greater stability, strengthens their sense of belonging, and gives families the confidence to move forward together knowing their legal relationship now reflects the life they have already built.
Adult adoption in Texas
Adopting an adult is a different and much simpler process, because there is no parent whose rights need to be terminated — an adult is legally their own person. Instead, the process turns on consent: the adult being adopted agrees to it. Families use adult adoption for many reasons — a stepparent formalizing a relationship with a stepchild who is now grown, an adult with a disability being adopted by a long-time caregiver, or simply making permanent a bond that has existed for years.
Because there is no termination step, adult adoption is usually faster and more predictable than adopting a child. Once granted, it carries real legal weight: the adopted adult is treated as the petitioner’s child for inheritance and other purposes. If you are considering adopting an adult in your life, it is often the most straightforward adoption we handle.
What adoption costs in Texas
The honest answer is that cost depends almost entirely on one thing: whether the termination of parental rights is agreed or contested. An uncontested stepparent or relative adoption, where the other parent consents, is one of the more affordable family law matters — a defined process with predictable steps. A contested case, where a parent fights the termination, requires litigation, evidence, and court time, and costs considerably more. Other cost drivers include whether a home study or adoption evaluation is required, agency fees in a private placement, court filing and service costs, and whether the child’s situation requires an amicus or attorney ad litem.
Rather than quote a figure that would not fit your situation, I would rather look at your specific facts — the type of adoption and whether termination will be contested — and give you a realistic range in a consultation. That single conversation usually tells you more about likely cost than any published number.
Where to start: before anything else, identify two things — the type of adoption you are pursuing and the termination posture (will the other parent consent, or contest?). Those two facts drive everything: the timeline, the cost, whether termination is joined with the adoption, and which documents you need. Walk into your consultation able to answer them, and we can map your whole path in the first meeting.
The adoption process step by step
Adoption Attorneys in Fort Worth Texas help families move through a structured legal process that transforms an existing parent-child relationship into a permanent one. Although every adoption is unique, most cases follow the same general path: determining the type of adoption, addressing any required termination of parental rights under Texas Family Code §162.001, completing any required evaluations or background checks, filing the adoption petition, and attending a final hearing. Understanding these stages early allows families to move forward with greater confidence and fewer surprises.
The process begins by identifying the legal issues that apply to your family’s situation. In straightforward stepparent adoptions where the other parent voluntarily consents, the timeline is often shorter and more predictable. In more complex cases—such as contested termination proceedings, CPS adoptions, interstate placements under the Interstate Compact on the Placement of Children (ICPC), or situations where a biological parent cannot be located—additional legal requirements may extend the process. Many adoptions also require a home study or adoption evaluation, although some uncontested stepparent adoptions may qualify for a court-approved waiver after the required criminal background checks are completed.
Once the necessary documents, evaluations, and consents have been gathered—including the consent of a child who is 12 years of age or older, when required—the case proceeds to a final hearing in the Tarrant County Family District Courts. The judge reviews the evidence to determine whether the adoption serves the child’s best interests before signing the Final Decree of Adoption. After the adoption is finalized, the adoptive parent becomes the child’s permanent legal parent, and the Texas Vital Statistics Unit issues a new birth certificate reflecting the child’s updated legal parentage. Families interested in adoption procedures elsewhere in Texas can also explore our guide to Adoption Attorneys in The Woodlands, Texas.
While every family’s circumstances are different, the goal remains the same: creating a secure, legally recognized parent-child relationship that lasts a lifetime. Whether your adoption involves a blended family, a relative caregiver, foster care, or another path to permanency, understanding the legal process helps you make informed decisions and move toward your family’s future with clarity and peace of mind.
What changes after adoption
An adoption order is permanent and complete. The adoptive parent gains full legal parenthood — decision-making, the duty to support, the right to custody — and the child gains full inheritance rights from that parent, the same as a biological child. Just as importantly, the terminated parent’s rights and obligations end: they no longer have custody or visitation rights, and their duty to pay child support going forward ends as well, because the new legal parent assumes it. That support consequence catches some families off guard, and if child support is part of your situation, our Fort Worth child support page explains how support works and changes.
One nuance worth noting: ending a parent’s rights generally ends their obligation for support that accrues after the termination, but it does not erase support arrears that were already owed. If back support is in the picture, we address it as part of planning the adoption.
Why Fort Worth families choose our team for adoption
Adoption is a happy goal, but it is still a court process with real requirements, and families come to us because they want it done right the first time. Our Fort Worth clients work with an experienced local attorney who knows the Tarrant County courts, backed by one of the largest family law firms in Texas — more than 170 legal professionals and offices across the state. That matters most when a termination turns contested: you have the resources to fight it properly, not a solo practitioner stretched thin. And because we handle the surrounding family-law issues too — custody history, prior orders, support — nothing about your case gets handed off or missed.
A practical word on timing: the best time to start an adoption is usually sooner than families think. Consents can be gathered while a cooperative parent is still cooperative, and a child’s age can affect the path once they turn certain milestones. Getting early guidance rarely costs much and often saves months.
The hopeful part: adoption is one of the most rewarding things family law makes possible, and the path is knowable. Once we identify your adoption type and the termination posture, I can give you a clear, realistic picture of the steps, the timeline, and what to expect — so you can focus on the family you are building, not the paperwork.
Tarrant County adoption practice
Adoption Attorneys in Fort Worth Texas represent families through every stage of the adoption process in the Tarrant County Family District Courts, where local procedures can influence how quickly a case moves from filing to finalization. Although Chapter 162 of the Texas Family Code establishes the legal framework for adoptions statewide, each court may have its own practices regarding adoption evaluations, required documentation, scheduling, and final hearings. Understanding both Texas law and local court procedures helps families prepare for each step with greater confidence.
Our Fort Worth team regularly assists families with stepparent, relative, kinship, agency, foster care, CPS, and adult adoptions throughout Tarrant County, including Arlington, Grapevine, Mansfield, Keller, Bedford, and North Richland Hills. In straightforward adoption cases where parental rights have already been resolved, the process may proceed efficiently through the court system. In more complex matters—such as contested termination proceedings, interstate adoptions, or cases involving the Texas Department of Family and Protective Services (DFPS)—additional hearings and legal requirements may apply before a judge can enter a Final Decree of Adoption.
Families often find that local experience makes a meaningful difference because court procedures, scheduling practices, and filing requirements can vary from one county to another. Whether your adoption is taking place in Fort Worth, another part of North Texas, or elsewhere in the state, the legal principles remain the same: creating a permanent parent-child relationship that serves the child’s best interests. If you’re interested in learning how adoption works in another Texas community, our guide to San Antonio adoption attorneys provides additional insight into the statewide adoption process while highlighting local court considerations.
Every adoption represents more than a legal case—it is the beginning of a family’s next chapter. By understanding the local court process and the legal requirements before filing, families can approach adoption with realistic expectations and the peace of mind that comes from having a clear path toward a permanent, legally recognized family.
Listen to Our Texas Family Law Podcast
Prefer listening? In this episode, we explain conservatorship and adoption in Texas for Fort Worth families, including how parental rights and responsibilities may be established, how adoption changes the legal parent-child relationship, and what families should know before moving forward.
How Adoption Works, Stage by Stage
The Texas Adoption Process
Tap any stage to see what happens, roughly how long it takes, and what to do. This walks through the adoption process — it does not predict whether a specific adoption will be granted, which depends on your facts and the court.
1. Identify your adoption type
What happens: We pin down which kind of adoption you are pursuing — stepparent, relative, agency/infant, foster/CPS, or adult — because each has different requirements. This also tells us whether termination of parental rights is needed (all child adoptions) or not (adult adoption).
Typical timing: The first conversation.
What to do: Come ready to describe your relationship to the child and the other parent’s situation.
2. Address termination of parental rights
What happens: For a child adoption, each living parent’s rights must be terminated — by consent/relinquishment or by court order on statutory grounds (Chapter 161) — unless it’s a stepparent adoption, where your spouse keeps their rights. The termination suit can be joined with the adoption (§162.001). Adult adoption skips this entirely.
Typical timing: Fast when by consent; longer if contested.
What to do: Gather any signed consents or relinquishments; if the other parent objects, prepare for a contested termination.
3. Home study or adoption evaluation
What happens: Many adoptions require an evaluation of the home and the prospective parent (§107.153/§162.003). In some uncontested cases — often stepparent adoptions where the petitioner passes a criminal-history check — the court may waive it.
Typical timing: Runs in parallel with the case; scheduling depends on the evaluator.
What to do: Ask early whether your case needs a study or qualifies for a waiver.
4. Consent and petition
What happens: We gather the required consents — including the child’s own consent if they are 12 or older — and file the adoption petition, joining the termination suit if rights aren’t already terminated (§162.010, §162.001). In a stepparent case, your spouse joins as co-petitioner.
Typical timing: After termination is resolved or is filed together.
What to do: Sign and organize the paperwork; make sure every required consent is in hand.
5. The adoption hearing and new birth certificate
What happens: At the final hearing the judge reviews everything and, if the adoption is in the child’s best interest, signs the order. From that moment you are the child’s legal parent, with all the rights and duties that come with it, and a new birth certificate is issued reflecting the adoption.
Typical timing: The final step; often a brief, happy hearing in uncontested cases.
What to do: Attend the hearing, then request the amended birth certificate to complete the record.
Wherever you are in this process, we can help you move from here to a final adoption order.
Schedule a ConsultationOur Fort Worth Office
The Law Office of Bryan Fagan, PLLC
204 W Central Ave, Fort Worth, TX 76164
Serving Fort Worth, Tarrant County, and clients across Texas.
Hours: Mon–Fri 8am–8pm
Call 281-810-9760Ready to start? Let’s identify your adoption type and map the path to a final order.
Call 281-810-9760Bryan Bubis — Senior Attorney, Fort Worth
15+ Years Family Law · Texas Wesleyan Law · Texas A&M Business · Tarrant, Johnson & Parker County Courts
Bryan Bubis is the Senior Attorney who leads our Fort Worth office, bringing more than fifteen years of family law experience to Tarrant County families. He handles the full range of family matters that surround an adoption — the termination of parental rights that makes adoption possible, the custody and support history behind it, and the adoption itself — with a law degree from Texas Wesleyan University and a business background from Texas A&M University.
Bryan represents families in the Tarrant, Johnson, and Parker county courts and focuses on carrying a case through to the result that matters — here, a final adoption order that makes your family permanent. Read Bryan Bubis’s full profile.
What I tell every family hoping to adopt
Adoption Attorneys in Fort Worth Texas believe the adoption process should provide families with clarity, not uncertainty. Texas adoption law follows a well-defined legal framework, and once we understand the type of adoption involved and whether parental rights will be terminated voluntarily or through a contested court proceeding, we can explain what to expect at every stage. In straightforward stepparent adoptions or uncontested relative adoptions, the process is often more efficient than families anticipate. In more complex cases involving contested parental rights, CPS, interstate placements, or unique family circumstances, additional legal steps may be necessary, but the goal remains the same: creating a permanent, legally recognized family.
One of the most common misconceptions is that an informal family arrangement creates legal parental rights. It does not. Marriage alone does not make a stepparent a legal parent, and a verbal agreement cannot terminate parental rights under Texas Family Code Chapters 161 and 162. Only a court can approve a termination of parental rights and finalize an adoption. Beginning the process sooner rather than later often preserves more options, particularly when a biological parent is willing to provide voluntary consent or when important evidence is easier to obtain.
Every family’s journey looks different, which is why education is such an important part of what we do. We believe parents make better decisions when they understand both the legal requirements and the practical realities of adoption. Whether you’re pursuing a stepparent, kinship, agency, foster care, CPS, or adult adoption, our goal is to help you move forward with confidence by providing clear guidance every step of the way. For a broader overview of the Texas adoption process, you may also find our A–Z guide to adoption in Texas to be a valuable resource.
If you’re ready to begin building your forever family in Fort Worth or anywhere in Tarrant County, the first step is understanding which adoption path fits your circumstances. Once you have that roadmap, the legal process becomes much easier to navigate, allowing you to focus less on paperwork and more on the future you’re creating for your child.
What to do to start an adoption in Fort Worth
- Identify your adoption type — stepparent, relative, agency/infant, foster/CPS, or adult.
- Determine the termination posture: will the other parent consent, or contest?
- Gather any consents or relinquishments already available, in writing.
- Confirm you have standing to file (especially for relative or kinship adoptions).
- Prepare for a home study or adoption evaluation, unless it will be waived.
- If the child is 12 or older, plan for their required consent.
- File the adoption petition, joining a termination suit if rights aren’t already terminated.
- Attend the final hearing and obtain the adoption order.
- Request the new birth certificate reflecting the adoption.
- Book a Legal Strategy Session with our Fort Worth office to do it right the first time.
Make Your Family Official
Adoption is a hopeful goal with a knowable path. Let’s take the first step toward your final order together.
Call 281-810-9760 TodayConclusion:
Whether you’re just beginning to explore adoption or you’re ready to file a petition, understanding the legal process is the first step toward creating the permanent family you envision. Adoption Attorneys in Fort Worth Texas do more than prepare legal documents—they help families navigate important decisions with clarity, compassion, and a strategy tailored to their unique circumstances. In straightforward situations, such as an uncontested stepparent or relative adoption where everyone agrees, the path to a final adoption may be relatively smooth. In more complex cases, including contested termination of parental rights, CPS involvement, interstate adoption, or situations where a biological parent cannot be located, experienced legal guidance becomes even more valuable.
At The Law Office of Bryan Fagan, PLLC, we believe every family deserves to understand their options before making life-changing decisions. Whether your case is simple or presents unique legal challenges, our attorneys take the time to explain the process, answer your questions, and develop a plan designed to protect both your family and your child’s future. If you’re ready to take the next step, we invite you to schedule a Legal Strategy Session with our Fort Worth team so we can evaluate your situation, explain your options, and help you move forward with confidence toward the permanent future your family deserves.
About the Author
Bryan Fagan
Founder & Managing Attorney · Serving Texas families since 2012
I am Bryan Fagan, founder and managing attorney of The Law Office of Bryan Fagan, PLLC, one of the largest family law firms in Texas. I hold a Juris Doctor from South Texas College of Law and an undergraduate degree in business and finance, and I lead a team of more than 170 legal professionals with offices across the state. In adoption cases, my aim is to make the path clear and get families to a final order that makes them permanent.
I am also the author of several family law guides, including The Texas Divorce Handbook, because I believe people make better decisions when they understand the process. Out of our Fort Worth office, our team helps families with every kind of adoption in the Tarrant County courts. If you are hoping to adopt, I would like to help. Read more about Bryan Fagan.
Questions Fort Worth families ask about adoption
You identify the type of adoption, make sure each living parent’s rights are terminated (or join a termination suit with the adoption under §162.001), complete any required home study or adoption evaluation, gather the necessary consents, file the petition, and attend a final hearing. If the adoption is in the child’s best interest, the judge signs the order and a new birth certificate is issued. The path is simplest when termination is by consent.
Almost always, yes. Under §162.001, a child can be adopted only after each living parent’s rights are terminated, or a termination suit is joined with the adoption. The exception is a stepparent adoption, where your spouse (the child’s other parent) keeps their rights and joins the petition. Termination can be by consent or, if a parent objects, contested in court — it always requires a court order.
Your spouse, who is the child’s legal parent, joins you as a co-petitioner and keeps all their rights (§162.001(b)(2)). Only the other biological parent’s rights are terminated. If that parent consents, the termination and adoption can be filed and completed together; if not, the case becomes a contested termination first. A child 12 or older must also consent to the adoption.
It depends most on whether the termination of parental rights is agreed or contested. An uncontested stepparent or relative adoption is one of the more affordable family law matters; a contested case requires litigation and costs considerably more. Other drivers include home-study or evaluation fees, agency fees in a private placement, and court costs. A consultation gives you a realistic range for your specific situation.
Most adoptions follow the same arc: identify the type and termination posture, address termination (by consent or court order), complete a home study or adoption evaluation if required, gather consents including the child’s if they are 12 or older, file the petition (joining termination where needed), and attend a final hearing. If the judge finds the adoption is in the child’s best interest, the order is signed and a new birth certificate issues.
Yes. Adult adoption is a distinct, simpler process because there is no parent whose rights need to be terminated — the adult being adopted simply consents. Families use it to formalize a stepparent or caregiver relationship with someone who is now grown, or for an adult with a disability. Once granted, the adopted adult is treated as the petitioner’s child, including for inheritance.
Any adult with standing to file may petition to adopt (§162.001, §102.003). That includes stepparents, relatives such as grandparents, aunts, and uncles, foster parents, and others with a sufficient connection to the child. If the petitioner is married, both spouses generally must join the petition. Same-sex couples may adopt, though private agencies may set their own placement policies.
No. This is the most common misunderstanding. In Texas, marrying a child’s parent does not give the stepparent any legal parental rights — not custody, not decision-making, nothing automatic. A stepparent gains legal rights only by adopting the child under §162.001, which requires terminating the other biological parent’s rights first. Until then, the stepparent has no legal standing as a parent.
Often, yes. Many adoptions require a home study or adoption evaluation, in which an evaluator reviews the home and the prospective parent. In some uncontested cases — particularly stepparent adoptions where the petitioner passes a criminal-history check — the court may waive it. Whether a study is required in your case depends on the adoption type and the court, which we confirm early.
When a parent’s rights are terminated and the child is adopted, that parent’s duty to pay future child support ends, because the new legal parent assumes it. However, termination generally does not erase child support arrears that were already owed before the termination. If back support is part of your situation, we address it as part of planning the adoption.
Yes. Grandparents, aunts, uncles, and other relatives who have taken a child into their care can adopt, provided they have standing to file (§102.003) and the parents’ rights are terminated. Relative or kinship adoption is common when a family member has been raising a child and wants to make the arrangement permanent and legally secure. The termination posture — consent or contested — shapes the path.
Bring your questions to a Legal Strategy Session and we’ll map your adoption from here to final order.
Schedule Your Consultation