Statutes

• Texas Family Code Section 162.002 (prerequisites to petition)
• Texas Family Code Section 162.005, 162.0062, 162.007 (matters related to child and parent's background information)
• Texas Family Code Section 162.010, 162.011 (consent matters)

Termination of parental rights

In most cases, the parental rights of both biological parents must be terminated for an eligible adoption.

Step parent adoptions

• A step parent can file for adoption for their step child without terminating the rights of both biological parents.
• If the biological parent is married to the adoption seeking step parent, then the termination is only required for the other parent.

Consent Needed for Adoption
Adoption is possible when one parent has terminated their rights and the other parent (who retains their parental rights) consents to the adoption by the following:

• The child's former step parent;
• Managing conservator; or
• The person who has had possession, care, and control of the child for at least 6 months prior to filing for adoption.
• A child that is 12 years old or older must consent to adoption in writing or in court.

No Parental Consent

Adoption is possible without parental consent only if:

• One parent has terminated rights.
• The prospective adopted parent is the child's former step parent and has been a managing conservator or has had actual care, possession, and care for a period of 1 year prior to filing for the adoption.

Background Information

Information regarding the child to be adopted and the prospective adoptive parents must be obtained and provided to the court.

• Unless the adoptive parents are the child's grandparent, aunt, uncle or step parent, then reports about the child's health, social, educational, and genetic history must be made available to the prospective parent so that the parents are aware of the child's needs. Although this is required, it doesn't affect the outcome of the adoption; the validity of the final adoption cannot be attacked on this basis.
• The court requires a criminal history report for each person seeking to adopt a child.

Finalization

Legal Standard

After the parties have given testimony and the court has examined the various reports, the judge will make the adoption decision. If the adoption is for the "best interest of the child," the court terminates the parent-child relationship and renders the adoption order.