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.
Adoption laws in Texas
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.