Six Steps to Step-Parent Adoptions

I’ve talked in the past about same-sex couple step-parent adoptions, but what about the average step-parent adoption. The Texas Family Code provides guidance on accomplishing a step-parent adoption which are summarized below.

1. In most cases the step-parent that wants to adopt must be married to one of the parents of the child (whether that parent is biologically related or related through an adoption of the child). There may be some exceptions depending on where you are to the requirement to be married.

2. The other parent’s (not the spouse of the person adopting) rights must be terminated unless that parent is deceased. There are several factors that can be used to terminate a parent’s rights.

3. A background check of the person wanting to adopt must be completed.

4. A home study must be conducted by a qualified individual (usually appointed by the Court).

5. In most cases, the Court will appoint an Amicus Attorney for the child.

6. Once all of those things have occurred, a hearing will be conducted where the Judge will determine if it is in the child’s best interest to terminate the other parent’s rights and for the step-parent to adopt the child(ren).