Adoption in texas for gay couples

Adoption by same-sex couples (sometimes also called second-parent adoption) is an option in Texas. Even though Texas now authorizes same-sex couples to marry, adoption in Texas is still important to protect the parental rights of the non-biological parent.

If you and your partner or spouse are thinking about jointly adopting a child or if you wish to adopt your partner’s biological child, I can assist you through the adoption process.

For individuals who adopt a child from another country, I can assist with registering the foreign adoption in Texas.

Frequently ask questions about adoption:

A legal adoption enables you to have the same rights and responsibilities with respect to the child as a biological parent. This protects your relationship to the child as well as the child’s relationship to you.

My spouse and I are married.  Must we still go through the adoption process?

Yes, it is very important for the non-biological parent to adopt in order to protect her parental rights even if you are married. For more information about this, click here and here.

Yes, same-sex couples can adopt in Texas. However, because Texas law does not explicitly authorize second-parent adoption, not all judges will allow it. It is therefore important to consult with an attorney experienced with adoption by same-sex couples

What is second-parent adoption?

A second-parent adoption occurs when a second person in an unmarried couple adopts a child. While this term is often used interchangeably with same-sex adoption or adoption by a same-sex couple, the process is similar to an adoption by a step-parent.

How long does the adoption process take?

The amount of time it takes depends on your circumstances, but it can take as little as a few months to complete the adoption process.

Do I have to do a background check?

Yes, both parents (biological and non-biological parent) must undergo an FBI background check.

What is a home study? Who does the home study?

Texas requires prospective parents to participate in a pre-adoptive home screening. The purpose of the screening is to gather information about the applicants in order to determine if the family is fit and ready for the adoption. The study usually evaluates the prospective parent’s family history, health, financial situation, and home environment. The home study does include a home visit. Following the home study, the evaluator will develop a report on her findings, which includes a recommendation on whether the study participant(s) should adopt.

In Travis County, the home study provider must be selected from the court’s list of qualified practitioners.

How much does it cost?

The cost varies depending on your circumstances. If you are interested in adopting and would like more information about the process, including costs, please contact me.

Are tax credits available for adoption expenses?

Yes, it is possible to obtain an adoption credit for expenses, including court costs and attorney fees, related to the adoption.

Why is it important to register an adoption from another country with the state?

Registering the adoption with the state allows your child to obtain state-issued documentation such a Texas birth certificate. Doing so now, will make it easier throughout her life as circumstances require documentation, such as obtaining a driver’s license and applying for a job.

How do I find out more information?

Contact me. I would be happy to answer your questions about the adoption process. There is no charge for the initial consultation.

Adoption in texas for gay couples

Same-sex married couples and heterosexual married couples have the same adoption rights in Texas. However, the adoption process can be complicated. Therefore, if you’d like to pursue adoption in Texas as a same-sex couple, please review the information below, and contact a Texas adoption attorney today for a consultation. 

The Texas Family Code allows adoption, whether by heterosexual or same-sex couples when it is in the best interests of the child. In addition, the adoption of a child over 12 years of age requires his or her consent to the adoption, and such consent must be given in writing or in court. The court, though, may waive this consent requirement if it determines that the waiver is in the child’s best interest. However, in order to ensure that your rights as an adopting same-sex couple are protected, it is important to consult with a Texas adoption attorney before beginning the process.  

Overview of same-sex adoption laws in Texas 

Below is an overview of the ways in which Texas addresses different types of same-sex adoption in Texas:

  • Adoption by a single individual – Single individuals may petition for adoption in Texas regardless of sexual orientation. 
  • Joint same-sex adoption – Texas does not prohibit adoption by same-sex couples, and Texas appellate courts have not addressed the issue of whether same-sex couples may jointly petition to adopt. However, as noted above, family courts in Texas allow adoption by same-sex couples. 
  • Second parent same-sex adoption – There is no explicit prohibition on second parent same-sex adoption in Texas. Texas appellate courts have not addressed the issue of whether a same-sex partner may petition to adopt a partner’s child. However, like joint same-sex adoption, Texas courts generally permit second parent same-sex adoptions. 

Denton county adoption attorney 

If you are interested in adopting a child in Texas, you need an experienced attorney on your side. At Youngberg Law Firm, our Texas adoption attorney will help guide you through the adoption process. It is our goal to complete this process in the most efficient manner possible while taking into account the unique circumstances of your family. 

In addition, if you have other family law needs, our experienced Texas attorney can help. Our additional practice areas include divorce, child custody, child support, modifications of existing orders, enforcements, division of property, characterization of property, spousal maintenance, temporary restraining orders, and protective orders. At Youngberg Law Firm, we understand the emotional and financial toll that a family law case can take on you and your family, so we will always treat you with dignity and respect while working towards the best possible outcome in your case. Please contact us today for a consultation.

Can a single gay man adopt in Texas?

If you are a prospective parent seeking to adopt a child in Texas, you must be: At least 21 years of age. Married to your partner if you plan to adopt a child as a couple. (Eligible single people, including LGBT adults, are allowed to adopt in Texas.)

What are the benefits of LGBT adoption?

It's been proven that children raised in LGBT homes tend to be more open-minded. This allows the child to be more open-minded to themselves should they ever have questions and need a safe place to ask. It also leads them to being more open to the people around them.
The Adoption and Children Act 2002 (which came into force in 2005) gave LGBTQ adopters the same legal rights as heterosexual or cisgender parents. Since then, the number of children adopted by lesbian, gay, bi or trans parents has grown year on year.

Can unmarried couples adopt in Texas?

The Department of Family and Protective Services in Texas states that prospective adoptive parents can be either single or married and must: Be at least 21 years old. Be financially stable. Be responsible and mature.