JT Borah provides legal assistance to Denton County families interested in exploring and pursuing adoptions.  While adoptions are joyful events that should be celebrated, we recognize that the adoption process itself may involve stressfull and confusing delays and paperwork.  Throughout this process, we strive to provide our clients with an emotionally-supportive environment that places their needs first.

At the start of the adoption process, we seek to educate our clients on who can adopt a child and under what circumstances such an adoption may take place. Any adult may petition to adopt a child, subject to certain restrictions governed by statute. If the petitioner is married, both spouses must jointly petition for adoption.

The following categories of persons may bring an original petition for adoption:

• The child's stepparent;
• An adult who, as a result of a placement for adoption, has cared for (possession and control of) the child at any point during the 30 days immediately prior to the petition being filed;
• An adult who has cared for (possession and control of) the child for a two month period within the three months immediately prior to the petition being filed;
• An adult, determined by the court, to have spent a substantial amount of time with the child, such that adoption by that adult is warranted.

Adoption of a child living in Texas is possible, given the following:

• Relationships between parent(s) and child are terminated or a termination suit is in combination with adoption proceedings.
• As part of a stepparent adoption, the parent who is the spouse of the stepparent gives consent for the child to be adopted by the stepparent and joins with the stepparent in the adoption petition.
• Provided the relationship between one parent and the child is terminated and the child is two years old or older, the person filing the petition for adoption has taken care of the child for at least 6 months prior to the adoption, or has been a managing conservator for the child, or is a former stepparent of the child, and consent is given by the parent who has not had their rights terminated,
  OR
• Provided the relationship between one parent and the child is terminated and the child is two years old or older, the person filing the petition for adoption is the child's former stepparent and has been a managing conservator for the child, or has taken care of the child for at least one year prior to the adoption.

For the exact text of the law, please see the Texas Family Code, Chapter 162. Adoption

The Texas Family Code also defines the term "residence of the child."

Contact our office online, or call us at (940) 566-4600 to set up a free consultation to learn more about any adoption matter.