Adopting a child is a monumental milestone for any family. As a non-biological parent, the act of adopting your stepchild is not just a legal process but a profound declaration of your commitment and love for your child. Understanding the Texas adoption process, including all the steps involved, is crucial to navigating this significant journey with confidence and clarity.
There are certain criteria you will need to meet and legal procedures you will have to comply with to adopt your stepchild successfully. You may be wondering whether the child needs to live with you before you adopt them or about what you will need to do if the other biological parent doesn’t consent to you adopting the child. Below, we will discuss those matters, your family’s post-adoption life, and how to update legal documents.
The Legal Criteria for Adopting a Non-Biological Child in Texas
When considering adopting a non-biological child in Texas, you’ll need to meet certain criteria, such as marriage and residency, can send from the illegal parents, and consent from the child. Before pursuing adoption, you will need to marry the child’s biological parent legally. Doing so will demonstrate your commitment to providing a stable family environment for the child.
It will also assure the court that there is an established relationship between you, your spouse, and the child. You’ll also need to meet the residency requirements. Specifically, at least one of the parties involved, either you or your spouse, must prove that you have lived in Texas for at least six months before you filed for adoption. This residency requirement is important because it will also determine the jurisdiction where the adoption process will happen.
The Consent of Both Legal Parents
Both legal parents must consent for a non-biological parent to adopt a child. In most cases, this means the child’s other biological parent will need to agree to relinquish their parental rights voluntarily, allowing you to adopt the child legally. In some cases, the other biological parent’s consent may not be required for you to adopt. If the other parent abandoned the child or a court determines that obtaining consent from the other parent isn’t in the child’s best interest, you will not need to get their permission.
The Consent of the Child
When a child is over 12, Texas courts require their consent to the adoption process. Courts will consider the child’s feelings and wishes when making the decision. They also consider whether the child can build a strong relationship with their adoptive stepparent. If the child is under 12, the court will consider their opinion, but their consent isn’t legally required.
How to Adopt a Non-Biological Child
Now that we’ve covered the eligibility requirements for adopting a child in Texas, we will delve into the adoption process. To start the process, you must file an original petition for termination and adoption or an original petition for adoption with the correct court.
These legal documents, which state your request to terminate the other biological parent’s parental rights and include your intent to adopt your stepchild, can be daunting. However, you’re not alone in this process. You will be referred to as the petitioner and the other biological parent as the respondent. Working with an attorney can provide you with the necessary guidance and support to file the petition in the appropriate county, usually where the child resides.
What if the Other Biological Parent Will Not Consent to the Adoption?
In many cases, the adoption process will stall when the other biological parent refuses to consent to the adoption. Most parents do not want to have their parental rights terminated, even if they aren’t involved in the child’s life. If the other parent is willing to consent, you can file a voluntary relinquishment of parental rights document. After it’s been signed, the other parent will have legally agreed to have their rights terminated, allowing the adoption process to begin.
However, if the other biological parent is unavailable or refuses to provide consent, you will need to pursue an involuntary termination of parental rights. This process will involve you proving that the other parent has abandoned the child, failed to provide financial support for the child as required by the court, or has previously engaged in behaviors that endanger the child’s well-being.
It is difficult to prove that a parent’s rights should be terminated. Most judges will not terminate parental rights unless there is evidence of significant dangerous behavior and total abandonment by the parent. Speaking to an experienced attorney is essential. Your attorney can help you gather evidence showing that the other biological parent’s rights should be terminated.
Filing the Adoption Petition
After the issue of parental consent has been resolved, you can file your adoption petition with the court. This document will need to include important details about you, your spouse, and the child and any relevant information about the other biological parent. You may need to provide supporting documents such as your marriage certificate, the child’s birth certificate, and proof of residency.
The Social Study and Amicus Attorney
In some cases, courts may request a social study before they decide on the adoption. During this process, a professional, usually a social worker, will assess your home by visiting it and evaluating your family’s living environment.
After reviewing the details of your home life, they will ensure the adoption is in the child’s best interest. The court may also appoint an amicus attorney who would represent the child’s interests during the adoption. This attorney, often a family law specialist, will review the case, conduct interviews, and provide the court with recommendations based on what they believe is in the child’s best interest.
Finalizing the Adoption
The last step in the case will be attending a court hearing to finalize the adoption. The judge will review the case, ask the parties involved questions, and decide whether the adoption is in the child’s best interest. If the judge approves the adoption, they will issue an order finalizing it, and you’ll become the child’s legal parent. However, if the judge does not approve the adoption, you may need to consider other options, such as appealing the decision or exploring other ways to establish a legal relationship with the child.
Contact an Adoption Attorney in Texas
If you would like to pursue adopting a non-biological child, speaking to an experienced family law attorney is an essential first step. Do not hesitate to contact Covington Law Firm, PLLC, to schedule an initial consultation and learn more about how attorney Vonda Covington can help.
