8-Step Guide to Adoption in Texas

Embarking on the journey of adoption in Texas is both rewarding and complex. Understanding each step can make the process feel more manageable, from meeting eligibility requirements to the finalization of your new family.

1. Meeting Basic Adoption Requirements

To adopt in Texas, you must fulfill specific eligibility criteria:

• Be at least 21 years old

• Be financially stable and capable of supporting a child

• Complete an application to adopt

• Share background and lifestyle information

• Provide personal references and, if applicable, proof of marriage/divorce

• Complete a home study, and;

• Undergo criminal background and child abuse checks for all adults in the household

These basic steps allow the Texas Department of Family and Protective Services (DFPS) to ensure each adoptive family is ready for this lifelong commitment.

2. Selecting an Adoption Agency or Choosing Private Adoption

Deciding between using an agency or pursuing a private adoption is critical. Some considerations include:

• Do you know the child you wish to adopt, or are you open to waiting?

• Do you want to adopt a baby, an older child, or a child with special needs?

• Are you financially prepared for a private adoption, or will you need financial assistance?

• Are you adopting domestically, or internationally?

• Are you willing to adopt a child from foster care?

• Do you want to sever all communications and association with the birth parents?

For those seeking assistance or who want to adopt through the foster care system, a licensed agency is often beneficial. Agencies can help locate children for adoption and may even cover some costs. If you already know the child you want to adopt or are comfortable funding the process independently, a private adoption with an Adoption Attorney may be an option.

For CPS adoptions, the cost of adoption is handled by the state. Parents seeking to do a CPS adoption must work with an adoption agency. 

3. Choosing an Adoption Professional

Whether working with an adoption agency or attorney, select a professional who aligns with your needs and expectations. Important factors include:

• Availability of children:

Choose an adoption agency with transparent, ethical sourcing and clear processes on child availability and matching. If you already know the identity of the child you want to adopt, reach out to an adoption attorney instead.

• Adoption disruption rates: 

Knowing how often adoptions fail with the agency will give you an idea of how successful your adoption will be.

• Costs and financial assistance options: 

See if their services are within your price range. Not all agencies/attorneys will charge the same.

• Support, education, and guidance:

Learn more about the professional’s services outside of the adoption, such as post adoption support, education, and guidance. Learn more about how they have supported their past clients throughout the adoption process.

An agency may be more suited if you need help locating a child, while an attorney may be ideal if you’re pursuing a private adoption with fewer complexities.

4. Completing an Adoption Home Study

The adoption home study is a key step, as it evaluates your home and readiness to care for a child. Conducted by a DFPS-approved provider, the home study includes:

• Interviews with adoptive parents and household members

• Reviews of financial stability, family dynamics, medical history, and CPS and criminal background checks

• An assessment of your home environment to ensure it’s safe and supportive

The home study can be completed through the state, an agency, or with an attorney who uses a licensed home study provider. This evaluation helps assess your ability to meet the needs of an adoptive child.

5. Waiting for a Match

The waiting period can be one of the most challenging parts of adoption. During this time:

• Continue with daily activities to help alleviate stress

• Avoid focusing obsessively on the adoption process—try picking up a new hobby or preparing your home gradually for the child’s arrival

• Begin mentally and emotionally preparing for parenthood

When a match is found, and parental rights are terminated, you may receive temporary custody of the child. In some cases, communication with the birth parents may be encouraged to build trust and offer reassurance.

In private adoptions involving an adoption attorney, prospective adoptive parents must already have a specific child identified for adoption. Attorneys are unable to match you with a child; their role is to assist with the legal aspects of finalizing the adoption.

6. The Role of the Adoptive Parents in Hospital Procedures

For newborn adoptions, the birth mother must wait at least 48 hours after the child’s birth before legally relinquishing parental rights in Texas. Adoptive parents may or may not be present at the hospital, depending on the birth mother’s wishes. Once the birth mother relinquishes her rights, the child may be placed in your custody, though a court order is required to grant you legal rights. Temporary orders can allow you to make immediate healthcare and educational decisions for the child.

7. Finalizing the Adoption

After the child has been in your custody for at least six months, you can move forward with the adoption’s finalization. This process includes an Adoption Prove-Up Hearing in court:

• The judge reviews your home study, CPS and criminal background checks, and confirms that parental rights were legally terminated

• Typically, adoptive parents and the child appear in court, though some courts may allow remote appearances or submission by sworn interrogatories

If there is good cause, you may request a waiver to finalize sooner. Once approved, the adoption decree legally completes the adoption, making the child a permanent member of your family.

8. Post-Adoption Documentation

After finalizing the adoption, obtain certified copies of the adoption decree. Adoption records are sealed, so additional copies require a court order. With the certified decree, you can:

• Submit the Certificate of Adoption to Texas Vital Statistics to request a new birth certificate for your child

Completing this step is essential for obtaining updated legal documentation for your child.

A Trusted Partner in Your Adoption Journey

Adoption is a life-changing journey filled with excitement, patience, and dedication, and we at Sims & Purzer are here to make it as seamless as possible. Each step, from the initial requirements to finalizing the adoption, comes with its own set of challenges and rewards. With our guidance, you can focus on preparing for your family’s future, knowing that every legal detail is handled with care. We are committed to working efficiently and collaboratively to minimize unnecessary costs, ensuring that the adoption process remains as accessible as possible.

If you're ready to take the next step or need answers about adoption in Texas, reach out to Sims & Purzer. Together, we’ll help you navigate this path with confidence, compassion, and the dedicated support you deserve.