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How does the adoption process work in Texas?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

Texas adoption practice combines Family Code Chapters 161 (TPR) and 162 (Adoption), and requires strict procedural compliance.

1. Types of Adoption

  • Agency adoption through a DFPS-licensed child-placing agency.
  • Private/independent adoption via Ch. 162.
  • Step-parent adoption (§ 162.001(b)) — only the non-custodial parent's rights need to be terminated.
  • Adult adoption (§ 162.501).
  • International adoption (§ 162.601) — Hague compliant.

    • 2. Petitioner Eligibility

    Any adult may petition under § 162.001. A married petitioner's spouse must join unless waived. No statutory minimum residency, but the child must have lived with the petitioner at least 6 months unless waived "in the best interest of the child" (§ 162.009).

    3. Consent Requirements

    Texas does not use a "consent" model; it uses affidavits of relinquishment under § 161.103. The affidavit cannot be signed earlier than 48 hours after birth. By default it is irrevocable after 60 days, but the affidavit may state it is "irrevocable" from the moment of execution — and once so designated, it cannot be revoked except for fraud or duress (§ 161.1035).

    4. Home Study

    A pre-adoptive home screening under § 162.0085 must be completed before placement (not required for step-parent adoptions). A post-placement social study under § 107.051 must be filed with the court before finalization. Both are conducted by a licensed child-placing agency or court-appointed evaluator.

    5. Termination of Parental Rights (TPR)

    Voluntary via relinquishment (§ 161.103) or involuntary on statutory grounds (§ 161.001). Interstate placements require ICPC compliance under Ch. 162 Subch. B. ICWA (25 U.S.C. § 1901) applies when the child is a member or eligible for membership in a federally recognized tribe.

    6. Finalization Hearing

    The court holds a hearing after the 6-month placement period (§ 162.009), reviews the social study, and renders an Order of Adoption. The State Registrar then issues an amended birth certificate (Health & Safety Code § 192.008).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth father claims paternity outside the Paternity Registry deadline
    • ICPC interstate placement delayed by sending or receiving state
    • Possible ICWA application requiring tribal notice
    Related Statutes & Laws
    • Tex. Fam. Code Ch. 162
    • Tex. Fam. Code § 161.103
    • Tex. Fam. Code § 162.0085
    • Tex. Fam. Code Ch. 162 Subch. B (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.