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). Although same-sex marriage was legalized nationwide after the Supreme Court's 2015 Obergfell v. Hodges ruling, Texas lawmakers have attempted to pass legislation that would allow private (but state-funded) adoption agencies to refuse adoption applicants on the basis of religious belief. The latest such bill, called the Freedom to Serve Children Act, would allow discrimination against LGBTQ individuals, religious minorities, and others hoping to adopt a child. But it's not clear whether such a law would survive judicial review.
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
