When step-parent adoption is being considered, it is almost always a favorable situation for both the child(ren) and adults. It is a beautiful thing when there is a step-parent who is so deeply involved in a family (and devoted to the child and spouse) that they would like to become the legal parent of the child. While the process of step-parent adoption in Texas is similar to that of adoption, the process requires multiple steps and deadlines and consulting an attorney who specializes in Texas step-parent adoption process and law is strongly encouraged.
Who can file a step-parent adoption case?
An adult who is the step-parent of a child younger than 18 can file a stepparent adoption case. The child’s parent (the step-parent’s spouse) must also join together as a petitioner in the adoption case. Step-parent adoption in Texas is a lot like regular adoption in Texas however, one of the following circumstances must apply:
The other biological parent of the child must be considered an “absent parent”,
The other biological parent must be deceased,
The other biological parent is considered an unknown parent, or
The other biological parent is an indifferent parent and not involved in the child’s life.
Some additional requirements include:
If the child is 12 or older, they must also agree to the step-parent adoption.
The child must be living with the child’s step-parent and biological parent for at least 6 months prior to the filing of the Petition for Adoption.
Step-child Adoption Process in Texas