Legal Question in Family Law in Texas

Step Parent Adoption

I'm in Texas and my daughters father is deceased. My husband wants to adopt my daughter. Do we still need to go through all the adoption steps (homestudy, etc) or just file the paperwork and see the judge with a death certificate.


Asked on 4/02/08, 2:56 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: Step Parent Adoption

You still need to file for adoption and take all of the steps in any other adoption. The death of her father eliminates the need to terminate parental rights.

Read more
Answered on 4/02/08, 4:01 pm
Arthur Bashor Arthur N. (Art) Bashor, Attorney at Law

Re: Step Parent Adoption

You will need to do a criminal background check on the adoptive parent through the Department of Public Safety for obvious reasons.

Also home screening and post-placement reports are required. There are private social workers that offer them as a service.

But for a step-parent adoption there isn't a requirement for the full blown health, social, educational and genetic history report as you would with a CPS adoption.

Otherwise the filing steps are the same: file a petition, prepare an order for the judge to sign, fill out the Bureau of Vital Statistics form for Austin, etc. If the child is over age 12 have the child sign with a notary an affidavit consenting to the adoption.

Sorry you have to jump through so many hoops.

Best wishes to you and congratulations on your new family!

Read more
Answered on 4/02/08, 4:49 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas