Adoption FAQs: Legal Steps for Building Your Family Through Adoption
April 18, 2025
Adoption is a meaningful and permanent way to build or expand your family. Whether you're just starting to explore this path or have already decided it's right for you, the legal process can raise plenty of questions.
At Sinclair Law Group, PC in Forney, Texas, lawyer Shauna Sinclair helps families throughout Texas approach adoption with care, clarity, and a solid understanding of what to expect. Because adoption falls under family law, it requires adherence to specific rules, documentation, and procedures that protect the rights of both adoptive parents and the child.
These frequently asked questions about adoption walk through the legal steps involved in growing your family through adoption. From eligibility to finalization, here’s what to know.
Who Can Legally Adopt a Child?
Adoption laws vary by state, but Texas has clear guidelines about who’s allowed to adopt. The process is not limited to married couples or those with biological children already in the home. Several types of individuals or families can be eligible.
Texas allows the following individuals to adopt:
Married couples: Both spouses must adopt jointly unless the court finds that waiving this requirement is in the child's best interest.
Single adults: A person doesn’t need to be married to adopt a child.
Stepparents: A stepparent may adopt their spouse’s child if the other biological parent has had their rights terminated.
Relatives: Grandparents, siblings, or other relatives may adopt if it's determined to be in the child’s best interest.
Same-sex couples: Same-sex couples have the same legal rights to adopt as opposite-sex couples.
Every adoption must meet the child’s best interests standard under Texas family law, regardless of the adopter’s relationship status or household structure.
What Types Of Adoption Are Available In Texas?
Different adoption options are available depending on the situation, relationship, and type of child being adopted. Each type follows its own procedures and legal requirements.
Here are common types of adoption in Texas:
Private domestic adoption: This typically involves an arrangement between a birth parent and adoptive family, sometimes with the help of an agency or adoption lawyer.
Foster care adoption: Families may adopt children from the foster care system after fostering them or if parental rights have been terminated.
Step-parent adoption: When a stepparent wishes to legally adopt their spouse’s child, usually after the other parent’s rights are terminated.
Relative adoption: Grandparents, aunts, uncles, or other family members may seek adoption when the child’s biological parents are unable to care for them.
International adoption: Adopting a child from another country requires following both U.S. and international law, including immigration rules.
Each of these paths must go through court approval. In every case, the process must comply with Texas family law and the standards of the child’s best interest.
What Are the Legal Steps to Finalize an Adoption?
The adoption process can vary slightly depending on the type, but certain legal steps are generally required across the board. These steps protect everyone’s rights and bring structure to the adoption process.
Here’s a typical legal sequence in an adoption case:
Filing the petition to adopt
The first legal step is filing an adoption petition with the appropriate court. This document signals your intent to adopt and begins the court process.Home study and background checks
A home study evaluates the adoptive family's environment and ability to care for a child. It includes background checks, interviews, home visits, and financial reviews.Termination of parental rights (TPR)
Before an adoption can be finalized, the child’s biological parents’ legal rights must be terminated, either voluntarily or involuntarily.Pre-placement or post-placement supervision
Some adoptions require a monitoring period before finalization. A social worker may check in on the family and report to the court.Final adoption hearing
A judge will review all documentation and evidence before issuing a final decree of adoption, which grants full legal parental rights to the adoptive parent(s).
How Does Termination Of Parental Rights Work?
Termination of parental rights (TPR) is one of the most critical legal steps in an adoption. The court must end the legal relationship between the child and at least one biological parent before adoption can proceed.
There are two primary ways TPR can happen:
Voluntary termination: The biological parent agrees to relinquish their rights, usually by signing an affidavit. This step is sometimes taken when the birth parent believes adoption is in the child’s best interest.
Involuntary termination: A court may terminate rights without the parent’s consent if there’s evidence of abuse, neglect, abandonment, or unfitness to parent. This process requires a hearing and sufficient proof.
Texas family law holds that termination must meet strict legal standards to protect all parties. The court will only grant TPR if it's necessary and aligns with the child’s welfare.
What Is a Home Study and Why Is It Required?
The home study is a formal review of the adoptive family’s home, lifestyle, and readiness to raise a child. It’s a critical part of any adoption and required under Texas family law unless the court waives it in specific situations, such as some relative or stepparent adoptions.
A standard home study usually includes:
Criminal background checks: All adult household members must pass checks for criminal history and child abuse records.
Health and financial evaluations: Parents must show financial stability and physical health adequate to care for a child.
Home inspections: The home is checked for safety hazards and child-appropriate conditions.
Interviews with family members: A licensed social worker conducts interviews to assess family dynamics and parenting outlooks.
References and documentation: Adoptive parents provide references, identification, and financial records.
The home study is meant to support the court in determining whether adoption is appropriate and whether the family is capable of long-term parenting.
Can Birth Parents Stay Involved After Adoption?
Whether a birth parent remains involved after adoption depends on the type of agreement made and the nature of the adoption.
There are two primary types of post-adoption arrangements:
Open adoption: In an open adoption, the adoptive and birth families agree on a certain level of continued contact. This could include photos, visits, or regular updates.
Closed adoption: No identifying information is shared between the families, and there’s no ongoing contact unless initiated later by mutual agreement.
Texas law does allow open adoption agreements, but they’re not automatically enforceable unless the court finds that contact benefits the child. In most cases, adoptive parents make the final decision about ongoing communication.
What Happens At the Final Adoption Hearing?
The final hearing is the legal milestone where the court approves the adoption. It’s usually a short, meaningful event but carries legal weight.
Key parts of a final adoption hearing include:
Review of legal documents: The court confirms that all documents, including the home study, TPR orders, and financial disclosures, are in order.
Testimony from adoptive parents: Parents may be asked to confirm their intent to adopt and provide a safe, stable home.
Confirmation of the child’s best interest: The court verifies that adoption aligns with the child’s health, safety, and emotional needs.
Issuance of the adoption decree: Once satisfied, the judge signs a decree of adoption, granting full legal rights and changing the child’s legal status.
Some families choose to bring relatives and friends to the final hearing, as it’s often a joyful occasion marking a new beginning.
How Long Does the Adoption Process Take?
Adoption timelines vary based on the type of adoption and specific circumstances involved. Some adoptions are finalized within a few months, while others may take a year or longer.
Several factors that influence adoption timelines include:
Type of adoption: Foster care adoptions may take longer due to required supervision. Private adoptions may proceed more quickly with all parties’ cooperation.
Court availability: Scheduling can affect hearing dates and processing of paperwork.
Home study timing: The length of time to complete a home study depends on agency availability and responsiveness of the adopting family.
TPR proceedings: If involuntary termination is contested, the legal process can take additional time.
A family law lawyer can help you understand expected timelines based on the kind of adoption you're pursuing and the court's general schedule.
Reach Out To A Lawyer
At Sinclair Law Group, PC, lawyer Shauna Sinclair is committed to helping individuals and couples expand their families through sound legal steps grounded in Texas family law. If you're considering adoption or have questions about your legal options, we’re here to support you every step of the way. Sinclair Law Group, PC proudly serves Forney, Texas, as well as Kaufman County, Rockwall County, and Dallas County. Contact us today to get started.