Who May Adopt, Be Adopted, or Place a Child for Adoption - Texas

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Who May Adopt

Citation: Fam. Code § 162.001

Any adult may adopt a child.

Who May Be Adopted

Citation: Fam. Code §§ 162.001; 162.501; 162.504

A child residing in the State may be adopted if the following criteria are met:

  • The rights of the parents have been terminated.
  • The parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption.
  • The child is at least age 2, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of 6 months preceding the adoption, or is the child's former stepparent, and the nonterminated parent consents to the adoption.
  • The child is at least age 2, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of 1 year preceding the adoption.

An adult residing in this State may adopt another adult with the adult adopted person's written consent.

Who May Place a Child for Adoption

Citation: Fam. Code §§ 162.025; 162.001

Only the following entities may place the child:

  • The child's natural or adoptive parent
  • The child's legal guardian
  • A licensed child-placing agency
  • The Department of Family and Protective Services