Same Sex Step-Parent Adoptions in Texas

In my previous post I talked about some of the issues that will arise as a result of same sex marriage. One of those issues likely became easier as a result and that is step-parent adoptions. In the past there were a few counties that were known to approve step-parent adoptions for same sex couples, including couples who were not married in other states. I believe that now, same sex couples will not have to travel to those specific counties in order to get the step-parent adoptions finalized, however, I also believe that these couples will have to go through the process of getting married now in order to finalize these adoptions in their own counties.

Yesterday in the Texas Tribune this article appeared discussing the issues surrounding same sex step-parent adoptions and birth certificates. I agree with this article in the belief that it is going to take a lot of legal battles before changes are made so that the step-parent’s name can appear on the birth certificate. It has been suggested amongst other attorneys that gender neutral birth certificates or three different birth certificates would be needed. In the case of three different birth certificates they would need ones that have mother and father, ones that have mother and mother, and then ones that have father and father. While I do not see a change in the foreseeable future, I ultimately see the gender neutral birth certificate as the end result. To have anything else would just cause more confusion.

Generally, the procedure for a step-parent adoption is that both spouses are joined in the petition to adopt. The biological parent must consent to the adoption and state that is it in the best interest of the child. If there is another biological parent, then that other parent’s rights must be terminated in order to proceed. If the child was conceived through artificial means of an unknown donor then no other biological parent needs to be included. The non-biological parent must have a background check performed. A home study (soon to be called adoption evaluation) needs to be performed and in most cases an attorney ad litem is appointed. Once all of this has been completed then a hearing before the Judge is held and if the Judge agrees the adoption is approved. Some counties have other requirements, therefore, you must know what the courts in your county require.