Stepparents in blended families often try to develop meaningful relationships with their stepchildren. When these efforts are successful, a stepparent may seek to legally adopt their stepchildren. If this is your goal, it’s important to know that adopting a stepchild in Texas is possible with the right legal support.
There may be several hurdles to overcome before you can legally adopt your stepchild, even when all parties are on the same page. However, these challenges can be overcome with help from an experienced Texas family law attorney.
Let’s take a closer look at what this process involves and how an attorney can help you navigate the stepparent adoption process with confidence.
5 Steps to Adopting a Stepchild in Texas
During the stepparent adoption process, there are clear steps that every family must complete according to Texas laws. Let’s review how stepchild adoption works in Texas to support your family’s growth.
1. Determining the Status of the Other Biological Parent
Is your stepchild’s other biological parent still alive? You will need to determine the status of their parental rights. If that parent’s rights are still intact, a court must terminate them before your stepchild’s adoption can proceed. If the other parent is deceased, then they no longer have parental rights, and the adoption can move forward.
2. Filing an Original Petition for Adoption
The petition is the legal document that sets your stepparent adoption case in motion. This petition announces your intention to adopt your stepchild as your legal child. If the child’s legal parent still has rights, you must file an original petition to terminate the rights of the biological parent.
3. Termination of Parental Rights
If your stepchild’s other biological parent has not relinquished their parental rights and consented to the adoption, their rights will need to be terminated. A court can order this only after a hearing where the other biological parent has a chance to appear and contest the issue. The court will then terminate the parent’s right if doing so is in the child’s best interests.
4. Adoption Investigation
Before proceeding with the adoption, the court must make sure that your situation meets the eligibility requirements to adopt a stepchild. The court wants to ensure that taking action is in the best interest of the child. They may also order an investigation to confirm that you are able to provide for your stepchild’s various needs.
5. Finalization
Once the initial steps are complete, a court hearing will be scheduled. During this hearing, the judge will work toward finalizing the adoption. After the hearing, you will have all the legal rights and responsibilities of a parent who has adopted the child into your family.
What Happens Next
After the order is finalized, your child will have certain rights as a legal family member. For example, they will have the right to inherit your property along with any other natural children you have in the event of your death. Additionally, your child can access government benefits they are eligible to receive.
For the biological parent, finalizing the adoption means that your stepchild’s legal relationship with their biological parent will be terminated. This individual will no longer have any legal obligations towards them. This can provide a sense of security and stability for both you and your stepchild.
In some cases, a stepparent may choose to legally change their stepchild’s last name and obtain a new birth certificate. You can go through the appropriate government offices to complete the process. Taking this step can help strengthen the bond between you and your stepchild to give them a sense of formal belonging to their family.
How a Family Law Attorney Helps With Stepchild Adoptions
You will want to have a skilled attorney working on your behalf to make sure critical steps are completed appropriately. Specifically, a family law attorney at Parker & Aguilar can:
- Help determine the status of the other biological parent’s parental rights.
- Prepare and file your petition for adoption.
- Request that the other biological parent’s rights be terminated, and support this request with evidence.
- Help you complete the court-ordered pre-adoption investigation.
- Present a compelling case to the court as to why your stepparent adoption should go through.
Having an attorney assist you with your stepparent adoption does not guarantee the absence of issues or delays in your case. However, a skilled and knowledgeable lawyer who knows Texas law can help you make it through the legal landscape to give you the best chance of success.
Your attorney can also help you gather the evidence and witnesses you will need in your case. Terminating the other biological parent’s parental rights and succeeding with your stepparent adoption requires the court to make factual findings. It can only do so if you have presented the court with facts upon which it can base its decisions.
Contact Our Skilled Texas Adoption Lawyers Today
Adopting a stepchild in Texas is an achievable goal when you have the right legal advocate in your corner. At Parker & Aguilar, our team of experienced attorneys can help you prepare and present your case, supporting you every step of the way.
We take the time to understand your unique family situation and strive to provide caring, local support for our clients.
We currently represent stepparents throughout Brazoria County, Fort Bend County, Galveston County, and Matagorda County. If you live in one of these counties, contact our Angleton office at 979-267-7660 or our Sugar Land office at 281-944-5485 to speak with one of our adoption attorneys.
Let’s review your adoption situation so that we can help your family grow.