There are certain criteria under Texas stepparent adoption laws that a stepparent must fulfill in order to adopt their stepchild in Texas, including:
- Being legally married to the biological parent of the child
- Being at least ten years older than the child
- Being able to provide the child with a stable home environment
Additionally, the noncustodial parent’s rights must be terminated. A stepparent has to file a petition with the proper court and appear at a court hearing. Their spouse, the child’s biological parent, must be a co-petitioner.
The process also requires consent from the child being adopted if they are 12 years of age or older. If they will be changing their name as a result of the adoption process, they must consent when they are ten years of age or older.
The adopting stepparent may also have to complete a criminal background check. They may also be required to participate in a home study.
It is important to be aware that having a criminal record will not necessarily prevent an individual from being able to adopt. The adoption process can be time-consuming and emotional for all parties involved.
Adoption is a legal process that terminates the legal relationship between a child and one or both of their biological parents. A new legal relationship is then formed between the stepparent and the child, giving the stepparent new legal rights over the child.
In some cases, the adoption process will begin when the stepchild’s other biological parent consents to an adoption and relinquishes their parental rights. The parent will sign an adoption surrender or consent to adoption document in front of two witnesses and a notary public.
After that, the petition for adoption has to be filed in the appropriate court, along with any other required accompanying paperwork. The process may involve interviews, home visits, and family counseling to make sure that the adoption will be in the child’s best interests.
An adoption will be final once it is approved by a court and the court issues the appropriate paperwork. For more information on stepparent adoption in Texas, an individual should consult with a Texas lawyer.
What if One Biological Parent Refuses to Consent to the Adoption?
As noted above, stepparent adoptions cannot occur without the consent of the biological parent whose parental rights are to be terminated. When that parent will not consent, the child’s other biological parent as well as their stepparent may still be able to pursue the adoption.
In certain situations, consent from the child’s other biological parent may not be required when the case involves:
- Abandonment: Child abandonment arises when the parent has been absent and has not communicated with or financially supported their child for a specific period of time.
- This period can vary by jurisdiction, but is commonly between six months and one year.
- In these cases, non-consenting parents are still entitled to notice as well as the opportunity to respond to adoption proceedings.
- Best interest of the child: The child’s best interest standard in Texas is always considered above any other factors. Consent from the biological parent may not be required when the court determines that the relationship between the child and the stepparent better serves their best interests.
- The biological parent, however, is still entitled to notice as well as the opportunity to respond.
- Parental rights previously terminated: If a parent’s parental rights have been terminated already, they do not have to consent to a stepparent adoption.
The biological parent who is married to the stepparent must typically also consent to the adoption.
Other consent required in a stepparent adoption is that of the biological parent who is married to the stepparent. Some states additionally require the consent of the child to be adopted. States that require the child’s consent generally do so if the child is at least fourteen years old.
In Texas, if the child involved is at least 12 years old, they must consent to the adoption in writing or in court unless this requirement is waived by the court.
What Rights Do Stepparents Have?
In Texas, a stepparent will not typically have automatic rights to visitation or custody of a stepchild. They are, instead, considered to be third parties and will have to petition the court if they want to request visitation or custody rights.
A stepparent has limited rights over their stepchildren. This is because divorces dissolve marriages and not parental rights.
This means that, even when a child’s parents divorce, each one still maintains their rights over their child. This means that stepparents do not typically have many legal rights over a child unless they pursue an adoption.
An issue may also arise when the stepparent divorces the child’s biological parent. Even though the stepparent and the child may have formed a strong relationship during the marriage, that marriage no longer exists and the stepparent has no legal status, such as inherent custody or visitation rights that a biological parent would.
The parental preference rule provides that biological parents are the ones who are best suited to make decisions for their children, based on their best interests and their needs. When a stepparent divorces a child’s biological parent, if they ask for a visitation schedule and the biological parent objects, the stepparent’s request will be denied based on the parental preference rule.
If the child’s other biological parent has been deemed unfit, they will also not likely be given preference. To find out more about stepparent rights in Texas, an individual should have a lawyer consultation.
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How Much Does It Cost To Adopt My Stepchild?
In Texas, the cost of adopting a stepchild may range from $1,000 to $5,000, depending on the facts of the case. This cost can also change based on whether the adoption is contested or uncontested.
When an adoption is contested, the child’s biological parent does not agree to the process. In these cases, an adoption attorney may be needed, which can increase the costs of the case.
When an adoption is uncontested, it means the child’s biological parent has relinquished their parental rights and they do not object to the adoption. The costs in these cases are often minimal and may only include the cost of court forms.
There may also be fees associated with filing documents with the court, home studies, criminal background checks, court-mandating counseling, and fees for updated birth certificates. Every court has an application process for having some or all of an individual’s filing fees waived based on their income and assets.
How Long Does a Step-Parent Adoption Take?
In Texas, a stepparent adoption may take between six months and one year, depending on the home study, which is often what takes the longest. There are several factors that can have an impact on the length of the adoption process, including whether the parties consent, the time required to complete the home study, the time it takes the court to review the adoption.
There are also some requirements that must be fulfilled for a stepparent adoption, that may include time requirements, including that the stepparent:
- Is married to the child’s biological parent
- Lives with the child for at least six months
- Can show that they have provided care and support for the child
- Show that the child has bonded with them as their new parent
What Are Some Other Considerations in a Stepparent Adoption?
Adoptive stepparents have all of the same rights over a child as a biological parent, even if they divorce the child’s biological parent in the future. This means that the adoptive stepparent will be entitled to visitation and custody rights.
An adoption also gives the stepchild inheritance rights from their stepparent and other family members of the stepparent. Adoption may also allow a stepparent to provide insurance to the stepchild.
Do I Need an Attorney for Help With Step-Parent Adoption?
If you are considering a stepparent adoption in Texas or you want to pursue custody or visitation rights, it is important to consult with a Texas adoption attorney. Your lawyer will guide you through the process and ensure your rights are protected.
LegalMatch provides lawyer matching services that you can use in as little as 15 minutes to find an adoption lawyer near you who can help. In as little as 24 hours, you will get responses from member lawyers who can help you with your adoption or seeking visitation or custody rights over your stepchild.
