Same-Sex Couple Step-Parent Adoptions in Texas

Prior to June 26, 2015 same-sex couples had to go through hoops in order to ensure that both parents had equal rights to their children. These couples, who could not legally marry, had two options: (1) file a Suit Affecting Parent-Child Relationship or (2) pursue a step-parent adoption.

The first option involves suing the other parent to establish visitation and child support. Usually these suits were only done if the couple split, but that could complicate things if the biological parent was not in agreement because the non-biological parent did not have anything showing rights to the child(ren). Occasionally it was done while the couple was together, yet it seemed odd to sue your partner in order to establish rights.

The second option usually involved traveling to remote counties (unless you happened to live in that county), landing the right judge, having an attorney with connections to the right people in that county, knowing the right home study evaluators in order to get the adoption accomplished. This was usually a fairly costly process running anywhere from $3,000 – $5,000, plus travel costs.

So how does the ruling on June 26, 2015 affect this for same-sex couples. Part of this is still up in the air, however, in light of the ruling same-sex couple step-parent adoptions should become easier so long as the couple gets married. If the couple is married this should allow for the step-parent adoption to be performed in the county in which the couple resides. This will decrease the costs involved because the couple will not have to incur travel costs nor pay their attorney for travel costs. Further, the couple should be able to use the home study evaluators that are used in any adoption, rather than having to locate private evaluators whose fees are typically higher.

While I think that the step-parent adoption will still be required in order to obtain equal rights, the hurdle should be lower than it was a few months ago. The couple can find any attorney who does adoptions rather than having to find the attorney with connections to the remote counties.