Austin Family Attorneys

The Adoption Process in Texas

There are many laws associated with the adoption process in Texas, and one of the most frequently used areas of the family courts is the adoption process. There are many different types of adoption that can take place in Texas. Each of the adoption types can be simple or they can be difficult depending on the individual aspects of each situation. Finding a Texas lawyer to help you proceed through the steps of adoption can make a difference in the ease of the adoption process.

The most important piece of information for an adoption to proceed is to make sure that the child is eligible for adoption. In Texas, a child is only eligible for adoption once one of the parents has terminated their rights to the child leaving the child with only one legal guardian. The child also must be at least 2 years of age. The only exception to this age rule would be situations in which both parents have signed their rights away for the adoption of the child. The most common types of adoption in Texas are stepparent adoption and adoption by a couple that is not related to the child.

Texas Adoption Process

When a child is adopted by someone that is not a family member such as a grandparent or stepparent, the court system will generally conduct a home inspection to make sure that the home is suitable for the child. The court system will also gather together any important medical information or schooling records that will be needed by the adoptive parents. This will also include a report on any abuses that the child may have suffered to let the adoptive parents in Texas know what they will be dealing with. All documents are edited to protect the identity of the birth parents and their family by "Texas adoption law."

One of the most important parts of the Texas adoption process besides the home visits are background checks on all parties that will be adopting the child. These background checks are also performed on stepparents and other family members that may be requesting to adopt the child. These background checks will look for any past criminal activity.

There are also several other restrictions that are generally placed on the Texas adoption process, though some of these can be waived in the best interest of the child. For starters, a child must have resided with the potential adoptive parents for at least 6 months prior to the adoption taking place. The couple must also receive written permission from the managing conservator in the case. During stepparent adoption, the biological parent must also be a part of the adoption request in order for it to be honored. Also, a child that is at least 12 years of age must also agree in writing to the adoption process in Texas.

Use Adoption Lawyers When Adopting in Texas

Many people find it worthwhile to have a competent adoption lawyer at their side while going through the Texas adoption process. This reduces the risk of having legal issues tie up the adoption process.

When "adopting in Texas," the legal parents of the child are then changed to become the adoptive parents. All rights that may have still existed with the biological parent or parents as the case may be are completely terminated at the time. In all legal respects, that child becomes the legal child of the adoptive parents from that moment forward. The Austin family lawyers at Slater and Kennon will be able to provide you with sound legal advice regarding your particular situation.


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.