Stepparent Adoption
Texas Family Law and Adoption Attorneys
Find Your Future with Stepparent Adoption
Adopting your partner’s children is a wonderful step toward building a new family. Stepparents become official parents in the eyes of the state — meaning they acquire parental rights over a child who’s not biologically theirs.
Stepparent adoption is one of the most common types of adoption, and in Texas, it’s critical for gaining parental status in a blended family. Otherwise, the original parents have primary rights. Alexandra Geczi PLLC helps families through the Dallas-Fort Worth area and the State of Texas make this transition, with the level of compassion and clarity you need to protect your child’s best interests. Reach out now to talk about your options.
What is Stepparent Adoption?
Stepparent adoption in Texas is when someone wishes to adopt their spouse’s biological child. As they’re developing a parental role in the child’s life, adoption is how to make it official in the eyes of the state.
In Texas, a person’s biological mother and father retain all parental rights unless a legal process changes that. Becoming a step-parent means those parental rights will transfer to you. With our firm’s compassionate commitment to building happy families throughout the Dallas and Fort Worth, TX area, we’re happy to help you pursue stepparent adoption.
Reasons to Consider Stepparent Adoption
Ensure the state of Texas recognizes your parental role.
Even when a parent is raising children with a new partner, the biological parents have sole parental rights unless this changes legally. Let’s say your child’s birth mother or father is no longer in the picture. They would still have exclusive rights to make medical and financial decisions on behalf of the child. Meanwhile, the person who’s been caring for them alongside you for years can’t make those decisions, even if they marry you.
Adopting a minor child as a stepparent, the other biological parent relinquishes their rights. A solution-oriented family law firm such as Alexandra Geczi PLLC can help you navigate this complex situation.
Make your family official
We know that family is what you make it: the people and bonds that nourish happy, healthy lives. Stepparent adoption gives you the legal benefits and framework to fully care for the children you’re raising. You can officially recognize your parental role by becoming their stepparent.
The Texas Adoption Process
Adoption can involve a lot of paperwork, from consent forms to financial documentation to name changes. And because minors are involved, proper planning is essential. Alexandra Geczi PLLC can help.
Keep in mind: the courts will always base their decisions on what’s best for the person being adopted. This means you, the petitioner, must prove your fitness to be the adoptee’s legal provider. To be successful, adult adoptions must reflect a legitimate reason that benefits all parties. And remember, consent is critical for everyone involved: you, your spouse, the child, and the other bio parent.
Step 1: File a Petition
The first step to becoming a stepparent is filing a petition for adoption. You have two options depending on the situation:
Option A: If the child’s other biological parent is alive and their parental rights have not been terminated, you’ll want the “Original Petition to Terminate Parent-Child Relationship and for Stepparent Adoption.”
Option B: If the other parent has passed away or there is already an order in place to terminate their parental rights, you can just file an “Original Petition for Adoption.”
Step 2: Complete the Termination of Rights
If you pursued Option A above, the petition will result in a suit being served to the “respondent” (typically, the child’s other biological parent) who then must agree to have their rights terminated. They need to sign an “Affidavit of Voluntary Relinquishment of Parental Rights.”
The petition can also terminate other court-ordered relationships over the child.
In both options, the stepparent and the bio parent to whom they’re married are pursuing joint, exclusive parental rights for the child.
Step 3: The Court Grants the Adoption
The family law court will determine whether you have met all requirements for stepparent adoption. These include:
- Living with the child you’d like to adopt for at least six months
- Making sure the other bio parents’ rights can be terminated or already have been
- Complying with an adoption evaluation
- Ensuring no other man has claimed paternity
- Demonstrating that the adoption is in the child’s best interest — the gold standard for family law cases
Step 4: Update Legal Documents
Once your petition is granted, you can begin setting up the legal and financial framework for your new family. This may involve:
- A name change for the adoptee (not required, but may be recommended)
- Obtaining a new Social Security card or driver’s license if the adoptee’s name was changed
- Adding the adoptee to certain legal records or assets
- Updating your will, account beneficiaries, and other inheritance documents
Our team of experts at Alexandra Geczi PLLC is here to help your newly expanded family set up a happy future. While we focus on legal guidance for stepparent adoptions in Texas, we can refer you to estate planning attorneys and other legal professionals to handle all aspects of the process.
Frequently Asked Questions About Adult Adoption
Does stepparent adoption end the parental rights of a biological parent?
Yes, the stepparent and the biological parent to whom they’re married will keep parental rights, and the other bio parent will have their rights terminated.
What if the other biological parent has passed away or already lost their parental rights?
If the other bio parent already lost their rights, they don’t need to be named as a respondent in the adoption petition.
Do I need to pass a home study to adopt a stepchild?
Yes. As with any adoption of a minor, you will need to prove you can provide a stable, committed household where the child can thrive. A social worker will come to observe you and your parent as you interact with their child. They’ll also review your background and other key factors.
Do both of the child’s biological parents need to consent?
Yes. Generally, one bio parent and their spouse will be the petitioners, and the other bio parent is the respondent. They must sign an affidavit consenting to the termination of their parental rights.
Does the child need to consent to being adopted by a stepparent?
Minors aged 12 and older must consent to the adoption, per Texas Family Code 162.010(c). Minors aged 10 and older whose name would be changed must consent to the name change, according to Texas Family Code 45.002(b).
Will my adopted stepchild have inheritance rights?
Yes, because the person you adopted is considered your legal descendant, they may be included in your will and estate.
Will an ex’s child support payments be impacted by stepparent adoption?
Yes, once the child is adopted by a stepparent, child support obligations are terminated along with the bio parent’s parental rights. However, this doesn’t cancel any overdue child support payments.