Generally, Texas adoption laws are broad, allowing any adult who wishes to adopt to do so. There are a couple of caveats to that general statement, however. First, if a child is over the age of 12, the law provides that the child must consent to the adoption.
Second, since same-sex marriage is still not legal in the state, it may be difficult for a same-sex couple to adopt the same child, even if the couple married in a state in which the marriage is legal. Court decisions on the issue have varied, however, and the decision of whether the adoption will be allowed is often up to the individual judge before whom the intended adoption will be heard.
Other laws governing adoption in Texas include the requirement of at least six months of residency in the state prior to the adoption’s finalization, although this requirement may sometimes be waived. Following an adoption, there is a six-month window in which the adoption may be challenged. Adoption cases are heard in district courts, and the agency that administers them is the state’s Department of Human Services. Finally, if the adoption petitioner is married, his or her spouse must join in the adoption petition.
Adoption is an important part of family law. Adoption provide children with a parent or parents and allows adults to experience the joys of parenting a child and establishing and continuing a close relationship with them throughout life. People who wish to adopt may benefit by seeking assistance from an attorney.
Source: Findlaw, “Texas Adoption Laws“, December 01, 2014