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Texas is an adoption-friendly state with clear legal frameworks in place for adopting a child. That said, the adoption process has many steps and requirements regardless of which state you live in. To help navigate the process, we will provide a comprehensive overview of adoption in Texas.

We’ll cover the different types of adoptions available in Texas and the steps prospective parents must take when applying to adopt or foster a child. We will also look at the various factors that agencies consider when assessing a prospective parent’s suitability, and we’ll provide some local agencies for you to begin your adoption journey. Lastly, we will touch on legal safeguards designed to protect birth parents in the adoption process.

Texas Adoption Laws at a Glance

There are several paths to adoption in Texas, each with its own requirements. Regardless of which path you choose, the following laws apply to all adoptions in Texas.

Who Can Adopt: Any adult (age 21 and up) who is found by the court to be a suitable parent.

Residency Requirements: At least one adoptive parent must be a Texas resident.

Marital Status: Marital status is not a factor in eligibility to adopt, which means single or married individuals, and unmarried couples, can petition to adopt.

Birth Mother Consent: The birth mother must wait at least 48 hours after the child’s birth before consenting to terminate her parental rights.

Revocation Period: A birth mother’s consent is irrevocable once signed, with very rare exceptions.

Birth Father Rights: Unmarried fathers must register with a paternity registry to protect their parental rights.

Adoption laws are complex. This is a summary for informational purposes only. Please consult with a qualified Texas adoption attorney for legal advice.

The 3 Paths to Adopting a Child in Texas

Private Infant Adoption

Private infant adoption is the process of adopting an infant through a private agency or attorney. The process typically begins with an orientation meeting to learn about adoption requirements, after which you will submit an application. You must complete a home study and possibly training sessions, and the agency will perform a background check to determine whether you are a suitable parent for adoption.

If your application is approved, you’ll create a family profile that will be available for birth mothers to view. If a birth mother chooses your family, your agency will notify you of the match and provide you with background information on the child. At this point, you may accept or decline the match. In open adoptions, the birth mother typically chooses the adoptive parents, and in closed adoptions, the agency typically helps facilitate the match. 

Adopting from Foster Care

When adopting a child from foster care, you are adopting a child whose biological parents’ parental rights have been terminated by the state. Adopting a child from foster care is a multi-step process that includes informational meetings, a 19-hour training program, and additional training to learn about being an adoptive parent. You must also complete a home study and undergo background checks so that the state can assess your readiness to adopt.

If you are adopting a child from foster care, keep in mind there is a greater need for parents to adopt older children, sibling groups, and children with special needs.

Stepparent or Relative Adoption

Adopting a stepchild or relative is generally a simpler process than adopting through an agency or the foster care system, but you must still satisfy various legal requirements.

You can adopt a stepchild younger than 18 if you are the spouse of the child’s birth parent. As with other adoptions, you must undergo a home study and background check. In addition, Texas requires termination of the other birth parent’s rights in order to complete a stepparent adoption. This means the child’s birth parent (who is not the stepparent’s spouse) must terminate their parental rights. You can file petitions for the termination as well as the stepparent adoption at the same time.

A Deeper Look at Texas Adoption Laws

Who is Eligible to Adopt in Texas?

Most adults 21 and over who reside in Texas are legally eligible to apply for adoption in Texas, making it an inclusive state for adoption. That said, there are many steps in place to evaluate the suitability of prospective parents. When it comes to adoption, Texas law states that the best interest of the child will always be the main consideration guiding all adoption decisions. As part of the process, the state determines whether you are able to provide a safe, stable, and loving home environment that ultimately serves the child. This involves a home study and completion of extensive training.

Birth Parent Consent in Texas

Texas law mandates a 48-hour waiting period following the birth of her child before a birth mother can terminate her parental rights. Once a birth mother has signed an affidavit to terminate her parental rights, the decision is irrevocable, with very few exceptions. 

A man may register with the Texas Paternity Registry if he is or believes he is a child’s father, but is not married to the child’s birth mother. Although registering does not legalize the man’s paternity, it is a step toward protecting his parental rights regarding adoption of the child. If a man registers no later than 31 days after the child’s birth, then his parental rights cannot be terminated without notification.

The Home Study Process in Texas

In order to be considered for adoption, every prospective parent must undergo a home study conducted by a licensed home study professional. Many adoption agencies provide home study services or can refer you to a home study provider.

A home study evaluates factors such as a parent’s motivation for adopting, income and health, safety of the home, sensitivities toward birth families, and other factors that help determine suitability for adopting a child. A home study also includes interviews with all family members and people living at the home, and possibly interviews with family, neighbors, or other community members outside the home. It entails at least one home visit, at which every household member must be present. It also includes criminal background checks at the state and federal levels.

Find Texas Adoption Agencies and Professionals

Start your adoption journey by exploring different adoption agencies in Texas or your specific region. You can search the Texas Health and Human Services Child Care database to check on an agency’s regulatory history, if available. Below are some licensed agencies to help begin your search.

Statewide and National Agencies Serving Texas

• Adoption Choices of Texas: LGBTQ-friendly agency offers home study and adoption services.
• Circles of Care: Provides training and support services for foster and adoptive parents.
• Compass Connections: Offers adoption, foster care, and child medical services.
• Gladney Center for Adoption: In operation for over 135 years, Gladney provides inclusive services for prospective parents, birth mothers, and foster parents.
• DePelchin Children’s Center: Comprehensive services include parenting classes, counseling, foster care, and adoption.
• Lifeline: Offers foster care and adoption, as well as behavioral health and counseling services.
• Little Flower Adoptions: Focuses on pre-matched cases between prospective adoptive parents and birth mothers. 
• Pathways Youth & Family Services: Established in 1992, Pathways offers adoption, foster care, residential care, and behavioral health services.

Dallas-Fort Worth Area Agencies

• ACH Child and Family Services: ACH offers adoption, foster care, and kinship connection services, as well as a youth emergency shelter.
• Azleway: Comprehensive assistance for prospective foster and adoptive parents.
• Children & Family Institute (CFI): In addition to adoption and foster services, CFI provides tools and training specifically for birth mothers and prospective fathers.
• Jonathan’s Place: Services include foster care and adoption, a youth emergency shelter, and a Girls Residential Treatment program.
• Kids First Child Placing Agency: Child placement service in the Dallas, Forth Worth, and Denton County area.

Houston Area Agencies

• Arms Wide: Adoption and foster care, specializing in placement of older children, sibling groups, and children with special needs.
• Caring Adoptions: Founded in 1991, Caring Adoptions offers support and training for birth mothers and adoptive parents.
• Family to Family Adoptions: Provides adoption, foster care, and birth mother support in the greater Houston area.
• Monarch Family Services: Offers family preservation services, foster care, adoption, kinship services, and post-adoption support.

Austin and Central Texas Agencies

• Foster Texas: Provides foster care, kinship foster care, and adoption services.
• Helping Hand Home: In addition to foster and adoption services, Helping Hand offers a Residential Treatment Program for youth.
• The Settlement Home for Children: Ten-acre campus houses a foster and adoption program, residential treatment center, and post-adoption services.

San Antonio Area Agencies

• Abrazo Adoption Associates: Offers pre- and post-placement guidance for birth parents and adoptive parents.
• Boysville: Extensive education opportunities for foster and adoptive parents.
• SJRC Texas: Adoption and foster care services, with many opportunities for parenting and caregiver education and support.  

Texas Adoption Attorneys

Adoption is a complex process that involves many legal procedures, and adoptive families typically enlist an attorney to guide them through the process. If you are looking for an attorney, you can start with the Texas directory at the American Academy of Adoption & Assistant Reproduction Attorneys.

Adopting from Foster Care in Texas

Every year, thousands of children in Texas are waiting to be adopted. Between 2020 and 2025, an average of 5,386 children awaited adoption every year. When a safe, secure home cannot be immediately found, the child is placed in foster care. The Texas Department of Family and Protective Services (DFPS) is the primary public agency behind the state’s foster care system and assumes the responsibility of placing these children in a permanent, stable home.

You are eligible to become a foster parent if you are 21 or older and can demonstrate that you’re able to provide a secure, suitable home for the child. You must attend an information meeting and undergo an assessment to evaluate your suitability. You must also attend the same 19-hour training required of adoptive parents, to ensure you are prepared to foster a child. Finally, you will need to complete a home study to assess the suitability of your home environment for a child.

If adoption is in the best interest of a foster child, rather than family reunification or a kinship adoption, the state will give the child’s foster family an opportunity to adopt. Since the requirements for fostering overlap with the requirements for adoption, the adoption process is typically more expedient for the foster family than it would be for a non-foster family. It also means the child will not need to be uprooted from the foster home they’ve been living in. Close to half of all foster adoptions in the DFPS system are made by existing foster families. 

If you’re interested in fostering with the potential to adopt, a good place to start is the Texas Adoption Resource Exchange (TARE). This is an online tool that allows families to search profiles of children who are waiting for adoption.

Resources for Expectant Parents in Texas

Placing a child into adoption is one of the hardest decisions a parent can make. If you are pregnant and deciding whether to place your child into adoption, it’s natural to feel overwhelmed. Just remember that the decision is ultimately yours.

If you’re unsure whether adoption is right for you, it may be helpful to create an adoption plan. An adoption plan helps you think about what an adoption would look like. How much contact would you like with the adoptive family? Some, a lot, or none at all? What would your ideal adoptive family look like? You can enlist a trained counselor to offer guidance on your decision. A professional can also inform you of any financial assistance that may be available to you.

If you do decide to place your child into adoption, remember that Texas law states that birth parents cannot sign their termination of parental rights until a minimum of 48 hours after the child is born. Once a birth parent has terminated parental rights, the decision cannot be changed, with very few exceptions. However, if you’ve arranged for an open or partially open adoption, you will still have contact with your child and the adopted family. 

Sources

• https://www.dfps.texas.gov/adoption_and_foster_care/adoption_partners/private.asp
• https://www.familyresources.texas.gov/pregnancy-adoption/considering-adoption
• https://www.dfps.texas.gov/Adoption_and_Foster_Care/Get_Started/steps.asp
• https://www.sll.texas.gov/faqs/stepparent-adoption/
• https://statutes.capitol.texas.gov/Docs/FA/htm/FA.153.htm#:~:text=153.002.,and%20access%20to%20the%20child.
• https://www.dshs.texas.gov/vital-statistics/paternity-information/paternity-registry
• https://www.dfps.texas.gov/Adoption_and_Foster_Care/About_TARE/Foster_Care/home_study_guidelines.asp
• https://www.childwelfare.gov/resources/home-study-requirements-prospective-parents-domestic-adoption-texas/#:~:text=Elements%20of%20a%20Home%20Study
• https://www.dfps.texas.gov/About_DFPS/Data_Book/Child_Protective_Services/Adoption/Children_Waiting_Adoption.asp