A stepparent adoption is a natural next step for many families after marriage, especially when one spouse has children from a previous relationship. By adopting the child, a stepparent can formalize their relationship and gain important legal rights.
In Texas, hiring an attorney for a stepparent adoption is not mandatory. You are permitted to handle the paperwork yourself and find resources online. However, even in cases that seem straightforward, unexpected legal complications can arise. If you encounter questions or obstacles during the process, it’s a good idea to consult an experienced San Antonio adoption attorney.
Steps to Complete a Stepparent Adoption
If you are considering handling the adoption on your own, here are the essential steps:
1. Understand Stepparent Adoption Requirements
By law, a child can only have two legal parents. Therefore, one critical issue is whether the biological parent (the one you did not marry) will voluntarily terminate their parental rights. If they agree, the process is significantly easier. If they refuse, the case becomes more complex and may require litigation.
2. Gather All Necessary Information
You will need several documents and pieces of information, including:
- The child’s birth certificate
- Full names, addresses, and other details for both biological parents
3. Fulfill the Residency Requirement
Typically, Texas requires the stepparent to have lived with the child for at least six months before finalizing the adoption. In certain cases, this requirement may be waived by the court.
4. Identify the Correct Court
You must file your adoption case in the county where the child or the adoptive stepparent resides.
5. Draft and File the Petition
If the other biological parent is still living, you must seek termination of their parental rights. In this case, you will need to file an Original Petition to Terminate Parent-Child Relationship and for Stepparent Adoption.
If the biological parent is deceased or has already had their parental rights terminated, you can file an Original Petition for Adoption.
6. Obtain the Child’s Consent (if applicable)
In Texas, a child who is 12 years old or older must consent to the adoption unless the court waives this requirement for good cause.
7. Make Copies and Serve the Petition
Make at least one copy of your filed petition. You must properly serve the biological parent whose rights you are seeking to terminate unless they have already relinquished their rights or are deceased.
8. Pay the Filing Fee
Each court requires payment of a filing fee when you submit your petition. Fees vary by county.
9. Serve the Other Biological Parent
If the biological parents’ rights are still intact, you must arrange for official service of the court papers. This gives them an opportunity to respond or contest the adoption.
10. Complete the Legal Process
What happens next depends largely on whether the biological parent contests the adoption:
- If there is no objection, the process can move relatively smoothly.
- If there is an objection, the case becomes contested. The judge may order evaluations of the stepparent and biological parent, and may appoint an attorney to represent the child’s best interests.
11. Attend All Hearings and Court Dates
You will likely need to attend multiple hearings. If the case is contested, there may be a trial where the judge will hear witness testimony and review evidence. It is important to understand that a judge is not obligated to grant every stepparent adoption petition.
Why Hiring a San Antonio Adoption Attorney Matters
Even though you have the right to proceed without legal representation, doing so carries risk. A judge may deny the adoption even if you follow all the technical steps. Having an experienced attorney like David J. Rodriguez can dramatically improve your chances of success by:
- Ensuring all paperwork is properly completed and filed
- Representing your interests at hearings and trials
- Managing communications with the biological parent
- Advocating for your case based on Texas family law
Contact Our Office for Skilled Legal Assistance
At The Law Office of David J. Rodriguez, PLLC, we are committed to helping families navigate the stepparent adoption process smoothly and successfully. If you are considering adoption, call us today to schedule a private consultation.
