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Texas Adoption Laws

State adoption laws tend to vary from state to state, although there has been an effort to adapt state laws to the standards outlined by the Uniform Adoption Act.

Texas adoption laws allow just about any adult to adopt a child (although the consent of the child is required if he or she is 12 years of age or older). Note however, that since same-sex marriage continues to be outlawed in Texas, the prospect of adoption can be uncertain for gay couples.

Texas law does not explicitly prohibit adoption by same-sex couples. However, because they cannot be married within the state, some courts refuse to allow two individuals of the same sex to both become legal parents of a child. There is a lack of consistency among the courts regarding the issue, and whether or not a gay couple is allowed to adopt may very well depend on the judge assigned to the case.  

The highlights of Texas adoption law are listed in the table below. See FindLaw's Adoption section for more articles and resources.

Code Section

Fam. Ch. 162.D01; No

Who May Be Adopted

Any person

Age that Child's Consent Needed

12 years and older

Who May Adopt

Any adult. If petitioner is married, spouse must join. (unless one is parent of child)

Home Residency Required Prior to Finalization of Adoption?

6 months (may be waived)

State Agency/Court

Human Services/District

Statute of Limitations to Challenge

6 months

Note: State laws are constantly changing -- contact a Texas adoption attorney or conduct your own legal research to verify the state law(s) you are researching.

More Information

If you’d like to access additional information relating to Texas’s adoption laws, click on the links to related resources below. You can also find more general information in FindLaw’s section devoted to adoption. This section discusses various adoption-related topics, such as:  same sex adoption, types of adoption, stepparent adoption, and international adoption. Finally, because of the sensitive and emotional nature of adoption, you may want to consider retaining a local adoption attorney to try to help make the adoption process as smooth and simple as possible.

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Texas Adoption Laws: Related Resources

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