Key Takeaways
- An adult may petition to adopt a child who may be adopted, subject to the standing rules for filing suit.
- The court may not grant an adoption until the child has resided with the petitioner for at least six months, though the court may waive this on request if waiver is in the child’s best interest.
- An adoption evaluation is required. The court may waive it only in an uncontested stepparent adoption, after it reviews specific records.
- Consent from the managing conservator is required unless that conservator is the petitioner, and a child 12 or older must consent.
- A required consent may be revoked by filing a signed revocation before the court renders the adoption order.
The Texas adoption requirements follow a sequence, and each step has a statutory gate: standing, parental rights, consent, the adoption evaluation, six months of residence, and a final order. We walk through all six so you know what the court expects before you file a petition.
Who Can Adopt Under the Texas Adoption Requirements?
Subject to the standing requirements for filing suit under Chapter 102, an adult may petition to adopt a child who may be adopted. Standing comes first: the court must find that you are a person allowed to bring the suit. (Tex. Fam. Code § 162.001(a))
The Family Code does not limit this petition to married couples. It speaks of an “adult.” Whether a particular adult has standing, and whether a particular child may be adopted, are decided under the statutes that apply to your relationship to the child. We confirm both before anything is filed.
What Happens to the Birth Parent’s Rights in a Texas Adoption?
The legal relationship between the child and the birth parent must end before the adoption can be completed, either by consent through a signed relinquishment or by a court order terminating parental rights. If a termination petition is joined with the adoption petition, the court terminates the relationship when it renders the adoption order. (Tex. Fam. Code §§ 161.103, 162.016)
A stepparent adoption works differently on one point. If a parent of the child is currently married to the petitioner, that parent must join in the petition for adoption, and that parent’s separate consent is not required (Tex. Fam. Code § 162.010(b)).
Who Must Consent Under the Texas Adoption Requirements?
Unless the managing conservator is the petitioner, the managing conservator’s written consent must be filed. A child who is 12 or older must also consent, in writing or in court. The court may waive a required consent in the situations the statute lists. (Tex. Fam. Code § 162.010)
For the managing conservator, the court may waive consent if it finds the consent is being refused, or has been revoked, without good cause. The court decides that question at a nonjury hearing (Tex. Fam. Code § 162.010(a)). For a child 12 or older, the court may waive the child’s consent if waiver would serve the child’s best interest (Tex. Fam. Code § 162.010(c)).
Can Consent to a Texas Adoption Be Revoked?
Yes, for a limited time. A consent required under Section 162.010 may be revoked at any time before the court renders an order granting the adoption, by filing a signed revocation. (Tex. Fam. Code § 162.011)
This is why the order matters. Once the court renders the adoption order, the window to revoke a required consent under this section closes. Everyone involved should understand that deadline before signing anything.
How Long Must a Child Live With You Under the Texas Adoption Requirements?
The court may not grant an adoption until the child has resided with the petitioner for at least six months. On the petitioner’s request, the court may waive the residence requirement, but only if waiver is in the child’s best interest. (Tex. Fam. Code § 162.009)
Plan around this period. Six months is a minimum. The date the child began living with you starts the clock, so keep a clear record of it. A waiver is a request the petitioner must make, and the court grants it only on a best interest finding.
Is an Adoption Evaluation Required in Texas?
Yes. In a suit for adoption, an adoption evaluation must be conducted as provided in Chapter 107 of the Family Code, unless the court waives the requirement under Section 107.153(a-1). (Tex. Fam. Code § 162.003)
An evaluation gives the court an independent look at the proposed home. The waiver is narrow: the adoption must be uncontested, the petitioner must be the child’s stepparent, and the court must first review the department’s investigative records and the petitioner’s criminal history record information (Tex. Fam. Code § 107.153(a-1)). The petitioner pays the cost (§ 107.153(e)). Build time for it into your schedule.
How Do the Texas Adoption Requirements Work Step by Step?
A Texas adoption moves through six steps: confirm standing, address the birth parent’s rights, file the consents, complete the adoption evaluation, satisfy the six-month residence period, and obtain the order. Skipping a step stops the case.
- Confirm standing. An adult petitions under § 162.001(a), subject to Chapter 102.
- Address the birth parent’s rights. Rights end by relinquishment or termination, and a stepparent’s spouse joins the petition (§§ 161.103, 162.010(b)).
- File the consents. The managing conservator’s written consent and, for a child 12 or older, the child’s consent (§ 162.010).
- Complete the adoption evaluation. Required unless the court waives it (§ 162.003).
- Satisfy the residence period. Six months with the petitioner, unless waived on request in the child’s best interest (§ 162.009).
- Obtain the order. The court enters the adoption order, and any joined termination of the birth parent’s rights is rendered at the same time (§ 162.016).
Texas Adoption Requirements Attorney in Sugar Land and Houston
We help families meet the Texas adoption requirements across Fort Bend, Harris, Brazoria, and Montgomery Counties. Because filing details are county-specific, we confirm your court’s requirements before the petition goes to the clerk. See our adoption practice page and our service areas, then schedule a consultation.
Texas Adoption Requirements FAQ
Do the Texas adoption requirements allow a stepparent to adopt?
Yes. An adult may petition to adopt a child who may be adopted, subject to standing. If a parent of the child is currently married to the petitioner, that parent must join in the petition and separate consent from that parent is not required (Tex. Fam. Code §§ 162.001(a), 162.010(b)).
Can the six-month residence period be shortened?
Only on the petitioner’s request and only if the court finds waiver is in the child’s best interest. Otherwise the court may not grant the adoption before six months of residence with the petitioner (Tex. Fam. Code § 162.009).
Does an older child have a say in the adoption?
Yes. A child 12 or older must consent in writing or in court. The court may waive that requirement if waiver would serve the child’s best interest (Tex. Fam. Code § 162.010(c)).
Can a birth parent change their mind after consenting?
A consent required under Section 162.010 may be revoked by filing a signed revocation at any time before the court renders the adoption order. Revocation rules for an affidavit of relinquishment are separate and are found in Chapter 161 (Tex. Fam. Code § 162.011).
Is an adoption evaluation always required?
An adoption evaluation must be conducted under Chapter 107 unless the court waives it under Section 107.153(a-1), which reaches only an uncontested stepparent adoption (Tex. Fam. Code §§ 162.003, 107.153).
Are the Texas adoption requirements different in Fort Bend, Harris, Brazoria, or Montgomery County?
The Family Code requirements are the same statewide. Court procedures and scheduling can differ by county, so we confirm your court’s filing requirements before the petition is filed.
Audu Law Firm, PLLC — Texas Family Law
Phone: 832-780-9005
Website: https://www.audulawfirm.com
This content is for informational purposes only and does not establish an attorney-client relationship.
Legal References
- Tex. Fam. Code §§ 162.001, 162.003 (who may adopt, adoption evaluation)
- Tex. Fam. Code §§ 162.009–162.011 (residence, consent, revocation)
- Tex. Fam. Code § 162.016 (adoption order)
- Tex. Fam. Code § 161.103 (affidavit of relinquishment)
- Tex. Fam. Code § 107.153 (adoption evaluation waiver)
