Adoption

What is adoption?

Adoption is a way to legally establish a parent- child relationship between a nonparent caregiver and a minor.[26]

Who can adopt, and who can be adopted?

A child can be adopted if:

  1. The parent-child relationship with each living parent has been terminated;
  2. The parent whose rights have not been terminated is the spouse of the nonparent looking to adopt (a stepparent);
  3. The child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the non-parent has had actual care and possession of the minor for six months before the adoption, and the nonterminated parent consents to the adoption; or
  4. The child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the nonparent has had actual care and possession of the minor for one year.[27] In any circumstance, the court cannot grant an adoption until the child has resided with the nonparents for at least six months.[28]

If a nonparent hoping to adopt is married, both spouses must petition the court for adoption— it cannot only be one.[29]

How is adoption different from a SAPCR?

A SAPCR giving conservatorship to someone who is not a biological parent establishes the rights to raise a child, but these rights are limited to what the court specifies in the order. Adoption gives the adoptive parent all parental rights. It also allows the child to inherit from their adoptive parents. Once an adoption is finalized, the court no longer has jurisdiction over the child.

What does adoption involve?

When the nonparent is ready to adopt, they must submit a petition to adopt with the court. An adoption evaluation must also be conducted to provide a report to the court about the parties requesting adoption.[30]

If a child is 12 years or older, they must consent to the adoption in writing or in court.[31] If all requirements are met and it is found that adoption is in the best interest of the child, the court will grant the adoption.[32]

Is this the right fit?

  • Have the minor’s parents’ rights been terminated? Are the parents in agreement with their rights being terminated? Parents can both involuntarily and voluntarily have their rights terminated.
  • Are the nonparents wanting to adopt okay with going through reports and studies to show the adoption is in the best interest of the minor? These would potentially include personal interviews, home evaluations, and assessments of the minor’s relationships with involved adults. The adoption evaluation is also fairly expensive and is rarely waived by the court (except in the case of a stepparent adoption).

[26] Tex. Fam. Code § 162.017. [27] Tex. Fam. Code § 162.001. [28] Tex. Fam. Code. § 162.009(a). [29] Tex. Fam. Code § 162.002(a). [30] Tex. Fam. Code §§ 107.151(a), 162.003. [31 ] Tex. Fam. Code § 162.010(c). [32] Tex. Fam. Code § 162.016(b).