Adopting Your Stepchild: Things to Consider

 Posted on January 12, 2026 in Family Law

Blending families after marriage can be joyful. It also raises important legal questions. If you are married to someone who has children from a previous relationship that you love, it’s very normal to want to adopt them. This can strengthen your family bonds and give you full legal parental rights and responsibilities.

Texas law recognizes stepparent adoption as a special type of adoption with its own rules and procedures. Understanding how this process works in 2026 can help you decide if it is right for your family. If you are considering adoption, our San Antonio stepparent adoption attorneys can guide you through each step.

What is Stepparent Adoption?

Stepparent adoption is when your spouse's child becomes your child legally, too. After the adoption is complete, you have the same rights and responsibilities as if the child were born to you. The child can inherit from you, and you can make decisions about their education and healthcare. This legal relationship continues even if you and your spouse later divorce.

Unlike other types of adoption, stepparent adoption has fewer requirements because one biological parent stays in the child's life. You do not need to go through an adoption agency or all of the strict requirements that apply to other adoptions. 

There are other things you must do, though. Because the other biological parent usually loses all parental rights, including the right to see the child or make decisions about their life, Texas law requires specific things to protect everyone involved.

Requirements for Stepparent Adoption in Texas

First, you must be married to the child's biological parent. Texas law does not allow unmarried partners to complete stepparent adoptions, even if you have lived together for many years.

The state does not set a maximum age limit for adoptive parents. Changes made in recent years prohibit agencies from creating age limits that could prevent older adults from adopting.

You need to have lived in Texas for at least six months before filing for adoption. The child you want to adopt must have lived in Texas for at least six months as well, unless they are younger than six months old.

Do You Need Consent from Both Biological Parents to Adopt a Stepchild?

Generally, yes. The other biological parent must either consent to the adoption or have their parental rights ended by the court. Getting consent is usually easier. If the other parent agrees, they must sign legal documents giving up their parental rights.

When Can Parental Rights Be Terminated Without Consent by the Court?

If the other biological parent will not agree to the adoption, you must ask the court to end their parental rights. This requires strong justification under Texas Family Code Section 161.001.

Common reasons courts terminate parental rights include:

• The parent abandoned the child or did not support them for at least one year.

• The parent endangered the child through abuse or neglect.

• The parent has not paid court-ordered child support.

• The parent was convicted of certain serious crimes, including solicitation of a minor.

• The parent voluntarily left the child with someone else for at least six months without providing adequate support.

The Stepparent Adoption Process in Texas

Filing the Petition

The process begins when you file a petition for adoption with the court. In Bexar County, you usually file this petition in the district court where you live. The petition includes information about you, your spouse, the child, and the other biological parent. You must include documents like your marriage certificate, the child's birth certificate, and consent forms (if the other parent agrees).

Possible Home Study and Evaluation

Most normal adoption cases require a "home study." This involves a social worker visiting your home and interviewing your family to make sure your home is safe and that you can provide for the child's needs.

Judges can waive the home study requirement under certain conditions. This might happen if both biological parents consent to the adoption and the adopting stepparent’s criminal history check comes back clear. This change makes the process faster and less expensive for many families.

Court Hearing

After you complete the above steps, the court schedules a hearing. The judge reviews all documents and may ask you questions about why you want to adopt and how you plan to care for the child.

If the child is 12 years or older, Texas law requires their consent to the adoption. The judge may speak with the child privately to make sure they understand what adoption means and truly want it to happen. Once the judge signs the adoption order, the adoption is final. The court will issue a new birth certificate listing you as the child's parent.

How Long Does Stepparent Adoption Take in Texas?

The timeline varies depending on your situation. If the other biological parent consents and you qualify for a waived home study, the process might take just a few months. If you must go to court to terminate the other parent's rights, the process can take a year or longer.

What Happens to Child Support After Stepparent Adoption?

Once the adoption is final, the other biological parent no longer owes child support. Their legal obligation to support the child ends when their parental rights are terminated. You become legally responsible for supporting the child, along with your spouse. It is important to keep in mind that any past-due child support does not disappear after the biological parent’s rights are terminated.

Call a San Antonio Stepparent Adoption Lawyer Today

Stepparent adoption can be a beautiful way to formalize your family relationships. However, the process involves important legal steps and serious consequences for everyone involved.

If you are considering adopting your stepchild, the Bexar County stepparent adoption attorneys at Brandon Wong & Associates focus exclusively on family law and can help guide you through each step of the process. Contact us today at 210-201-3832 to discuss your plans.