Effect of Adoption (TFC §162.017)
An order of adoption creates a parent-child relationship between the person seeking adoption and the child for all purposes. It also creates a right of the child to inherit from the adoptive parent as if the child were the biological child. (cross-reference to intestacy).
Who Can Adopt (TFC §162.001)
Any adult can adopt. If the petitioner is married, the spouse must join the petition.
Who Can be Adopted (TFC §162.001)
Any child residing in Texas if:
- The biological parent's rights have been terminated, or a suit to terminate is filed at the same time;
- The child is two years old and it is a stepparent adoption; or
- The child is two years old and the person seeking adoption is the former stepparent of the child.
Requirements for Adoption
- Adoption Evaluation;
- Criminal Background Check;
- DFPS (CPS) History Check;
- Health, Social, Educational, and Genetic History Report (this doesn't apply if the petitioner is the grandparent, aunt, uncle, or stepparent of the child);
- Consent of the child (if 12 or older); and
- Residence together for at least 6 months (may be waived).
To adopt a child, the parental rights of that child must first be terminated.
Stepparent adoptions are subject to less stringent reporting requirements.
Just as in child custody and visitation cases, the Judge in an adoption case must find that the adoption is in the best interest of the child, even if all of the other requirements are met, if the Court finds the adoption not in the best interest of the child, the adoption may not be completed.
Amend Birth Certificate
Once you have received your Order of Adoption, you will want to amend the child's birth certificate and order a certified copy for your records. You can do so via the Texas Vital Statistics here.