Often individuals or couples wish to become the legal parent(s) of a child not born to the individual(s). The procedure is known as adoption. Adoption allows the prospective parent(s) to become the legal parent(s) of the person, and, in so doing, affords that person all of the legal rights and privileges that a child born to the new parent(s) would have under law. Adoptions are not only for children but can include adults as well. This is one legal device used by some same-sex couples to ensure that their significant other will be afforded legal protections if and when either partner passes.

There are two types of adoptions in the state of Texas: private and public. A private adoption is made possible with the assistance of a non-governmental agency and is more commonly known as an independent adoption. A public adoption is when the prospective parent(s) utilizes government agencies to provide the prospective child or children. Both options are available to all parents, but a private adoption is usually more expensive but moves faster. The public adoption is a less expensive but slower process.

The odd-ball of adoption is the step-parent adoption. This is when one birth parent determines that their spouse or significant other should replace the other birth parent as a legal parent to the child. This process is not as difficult as the first two but it does take time and patience.

Finally, please be aware that in Texas an attorney cannot find the birth mother. The attorney may provide a number of services in connection with the adoption, but state law limits attorneys as to what they can and cannot do in the adoption process.

Disclosure Notice:  The information on these pages are not to be construed as legal advice and are not to be depended upon to make legal decisions.  Legal opinions are to be provided only by an attorney admitted to practice before the state bar and may run contrary to the information found in these pages.