The Common Law

I’ve been raising my stepdaughter for years. Her mom occasionally comes around but is not very involved in her life. Her dad and I have been the two that have raised her. I’d like to legally adopt her. Can I do that? Does that impact her mom’s rights? How does it all work?

Stepparents often play an essential role in the lives of their stepchildren. In some instances, the stepparent may seek to legally adopt the stepchild, although the legal adoption process can be intimidating.

Stepparents can file an adoption case for a stepchild younger than 18. To begin a stepchild adoption in Texas, the stepparent must file a petition with the court. The child’s parent (the stepparent’s spouse) must join as a petitioner in the adoption case. Texas courts allow termination and adoption cases to be filed together as one case.

Stepparent adoptions in Texas require an order terminating one of the natural parents’ parental rights. This process either involves the voluntary signing over of parental rights by the biological parent or involuntary termination through court intervention.

After parental rights are terminated, the stepparent can proceed to seek adoption of the stepchild. Stepparents may have to go to court several times during a termination and adoption case. The court may order an adoption evaluation, which evaluates each party requesting the parent-child relationship’s termination or adoption suit. The court may also appoint an attorney ad litem to represent the child’s best interests in the case.

Stepparents interested in adopting their stepchildren are encouraged to seek legal counsel from an experienced family law attorney. They can also read the laws about stepparent adoption in Chapter 162 of the Texas Family Code and Texas Family Code 102.005.