If you fill the role of a stepparent in a child’s life, you know how rewarding that relationship can be. If the child is younger than 18, stepparent adoption is sometimes a possibility, and although the process can be legally challenging, it helps seal the bond between parent and child and can afford you important legal rights.
If you have questions about stepparent adoption in Texas, reach out to an experienced Killeen adoption attorney for the help you need today.
The Basics
Before you can adopt your stepchild in Texas, your spouse – their legal parent – must be on board as a joint petitioner in the case. Additionally, the children’s other parent must terminate his or her parental rights. In other words, stepparent adoption is only a possibility when the child’s other parent is not involved in the child’s life or is willing to give up parental rights.
If the other parent’s rights haven’t already been terminated, you can file the order to terminate and the adoption case together, and they’ll be heard at the same court hearing. You and your spouse become the petitioners in the case while the child’s other parent becomes the respondent – as long as he or she is alive and still has parental rights.
If the other parent agrees to the termination of parental rights, this action can be accomplished with an affidavit.
Adoption Evaluation
Before finalizing your case, the court may order an adoption evaluation. This process involves an evaluation of the living arrangements, the circumstances involved, the social environment, and the condition of the home. The evaluation process can be lengthy, so it’s important to plan accordingly.
If your case is uncontested and you pass the criminal history check, the court may waive the need for an adoption evaluation.
The path to adoption is complex, so it’s always wise to have a skilled Killeen adoption attorney at your side. He or she can help you understand what to expect and how to prepare for the journey ahead.
The Elements Involved
Adoption evaluations generally include the following steps:
An evaluation of the home environment where the child will be living
Personal interviews with the adoptive parent and the children
Observations of the children in different environments
Assessments of the relationships between the children and the stepparent
Consideration of the criminal history of anyone living in the home
The Appointment of a Guardian Ad Litem
The court may appoint a guardian ad litem – or an attorney representing the children in the case. The guardian ad litem’s job is to carefully investigate whether or not the adoption is in the children's best interest, and he or she reports directly to the court.
The Children’s Consent
Any children who are at least 12 years old must provide their consent to the adoption, which can be done in writing or in court. Any children who are at least 10 years old and whose last name will change with the adoption must consent in writing to the name change. The court can waive these requirements if the change is in the children’s best interest.
Speak with your Killeen adoption attorney to learn how consent is likely to play out in your case.
The Requirement for Living Together
Generally, you must live with the stepchildren you’re adopting for at least six months prior to the adoption. However, the court may grant an exception to this requirement if the adoption is considered to be in the children’s best interest.
Adoption Approval
Before the court will approve your stepparent adoption, several findings must be established. Work closely with your Killeen adoption attorney to ensure that each of these steps as smoothly as possible.
Eligibility
Before you can adopt your stepchildren, the court must establish their eligibility for adoption. If their other parent is alive and his or her rights haven’t already been terminated, this requirement becomes the first order of business.
Satisfaction of Requirements
The next step in the process is the satisfaction of the court’s requirements, which can include all the following steps:
A criminal history report on you
An adoption evaluation
The appointment of a guardian ad litem
A certificate from the Texas Paternity Registry ensuring that no one else is claiming paternity (for stepfather adoptions only)
A finding that the adoption is in the children’s best interests
Termination of the Other Parent’s Rights
If your stepchildren’s other parent does not agree to terminate parental rights in accommodation of your stepparent adoption, you can pursue an involuntary termination, but there is a high legal bar involved.
Texas courts require clear and convincing evidence that terminating a parent’s rights is in the best interests of the children, which typically involves one of the following legal reasons:
The parent abandoned or hasn’t supported the children.
The parent endangered the children.
The parent engaged in criminal activity.
The parent is unfit by some other primary standard.
The Children’s Best Interests
When Texas courts make decisions that directly affect children, they are always guided by their best interests. As such, factors like the following are taken into careful consideration:
The ages of the children
The emotional and physical needs of the children
The potential adoptive parent’s ability and desire to provide for the children’s needs
The stability of the home
Any acts or omissions on the part of the potential adoptive parent that suggest an unhealthy parent-child relationship
The children’s preference – for those children considered mature enough to share their thoughts on this important matter
Discuss your case with a Killeen adoption attorney to learn how these best interest factors are likely to play out in your case.
The Court’s Decision
Every stepparent adoption case is as unique as the people involved, so it is in your best interest to have the skilled legal counsel of a Killeen adoption attorney from the start. Generally, both of the petitioners (you and your spouse) are required to attend the court hearing – along with any children who are at least 12 years old.
The judge will make a decision in your case based on the information available in the form of reports, studies, evaluations, and testimony – and the application of all relevant laws.
Adoption vs. Conservatorship
An adult who is not a child’s biological or adoptive parent can obtain conservatorship of a child, which refers to having custody of the child. Conservatorship can address any number of rights related to raising the child, and these rights are very similar to those a parent would have. However, a conservator's rights are limited to those listed in the court order.
An adoptive parent, on the other hand, has all the rights a biological parent has, including rights of inheritance. If, for example, the adoptive parent passes without a will in place, the adoptive children have the same inheritance rights as any biological children do.
For a conservator to transfer property to a child upon death, there must be a will in place that specifies his or her wishes.
The Steps Forward
In order to adopt your stepchildren and solidify your role as their parent, there are several considerations to keep in mind. Your Killeen adoption attorney will help you understand the steps forward and help you proceed with your best foot forward.
The Criteria
To begin, you must be married to your stepchildren’s legal parent, and you must have lived with this partner and his or her children for at least six months prior to adoption. During this time, you must have cared for and supported the children while you bonded with them as their new parent.
Further, you must have permission to adopt from both of their legal parents. This requirement means that the parental rights of the children’s other parent – the parent to whom you aren’t married – must be terminated. If he or she has already had parental rights terminated, is no longer living, or can’t be identified, termination won’t be required.
Finally, you’ll need the consent of any children who are at least 12 years old. However, if the adoption is considered in the best interest of the children, the court may waive the need for consent.
The Legal Path Forward
Once you’ve cleared the hurdle of meeting the adoption criteria, there are legal steps forward you must follow:
First, you’ll need to file the petition for adoption with the family court. This filing may include a petition to terminate the parental rights of the parent you’re replacing – children can only have two legal parents in Texas.
If there is another parent involved, you’ll need to inform him or her in person or by certified mail that you intend to adopt the children. If consent is not provided, you’ll need to seek a termination of parental rights through the court.
Along the way, you can expect evaluations, interviews, and reports, which will inform the court’s final decision on your stepparent adoption.
If the judge determines that the stepparent adoption is in keeping with the children’s best interests, it will become official.
Your Parental Rights and Responsibilities
Once your stepparent adoption is finalized, you assume all the same rights and responsibilities as any other parent. At this point, you can seek new birth certificates that designate you as your children’s legal parent to memorialize the adoption.
Your parental rights include making the following kinds of primary decisions on behalf of your children:
Where they live
Where they attend school
The medical care they receive
The religious education they receive
The extracurriculars they participate in
Via adoption, your children will become eligible for coverage through your employment-based health insurance and other applicable benefits. Further, inheritance rights extend both ways – to you and to your children.
As your children’s legal parent, you also have important responsibilities that include providing for them financially in terms of a home, food, clothing, education, and health care. Finally, if you and your children’s other parent divorce, you’ll need to address the same terms any other divorcing parents would, including the following matters:
Legal custody or decision-making authority
Physical custody or the parenting time schedule
Child support
Adopting your stepchildren can provide you with the peace of mind that comes from knowing you are their legal parent, which affords you important rights that stepparents don’t have.
The Rights of Stepparents
When both of a child’s parents are involved in raising and caring for the child, any stepparents have no legal rights, though they do play an important role. Only when one legal parent is deceased, has had parental rights terminated, or consents to having parental rights terminated does a stepparent have the right to petition for adoption and gain legal rights and protections.
As a stepparent, you have no legal standing over your stepchildren in the event of a divorce or your spouse’s death if the children’s other parent is involved in their lives. However, the court does consider stepparents to be interested third parties, which means that in some highly specific situations, visitation may be awarded.
FAQ about Stepchild Adoption
The answers to the following frequently asked questions may help you on your stepparent-adoption journey. If you have questions about your specific case, contact a skilled Killeen adoption attorney for more information.
Can I Adopt My Stepchildren?
Whether or not you can adopt your stepchildren will depend on a number of important variables, including the following considerations:
You must be married to one of their legal parents.
You must have lived with them for at least six months.
The parental rights of their other parent must have been terminated – or must be terminated.
Your spouse (your stepchildren’s legal parent) must join your adoption petition.
If the children are at least 12 years old, they must consent to the adoption.
You must submit to evaluations and interviews.
The court will only finalize the adoption if it’s in the best interests of the children to do so.
I Am My Stepchildren’s Primary Caregiver. Do I Have Rights?
If you care for your stepchildren while their legal parent is the primary breadwinner in your family, it doesn’t mean you’ll have any parental rights in the event you divorce. While the court may take your close involvement with the children into consideration, there are no guarantees.
Do I Need an Adoption Attorney?
If you plan on adopting your stepchildren, you are well advised to have a trusted Killeen adoption attorney on your side. The adoption process can be daunting, and your parental rights are too important to leave to chance.
Seek the Skilled Legal Guidance of an Experienced Killeen Divorce Attorney
Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen is a compassionate adoption attorney who is well prepared to harness the full force of his impressive experience and legal skill in pursuit of a favorable case outcome that affords you full parental rights.
To learn more about how our skilled legal team can help you, please contact us online or call us at (254) 781-4222 to schedule your FREE consultation today.