Adoption in TX: Can You Adopt Without Being Married?


Adoption in TX: Can You Adopt Without Being Married?

January 15, 2023
Tycha Kimbrough

If you are interested in adoption in TX as a single person, you may wonder about the requirements. While adoption by unmarried individuals before the 1960s was relatively uncommon and often discouraged in several states, adoption by single people is increasingly common and more popular in recent years than ever before.

Successful adoption placement ensures a suitable fit in a healthy, stable environment that will allow the adopted child to grow and prosper, socially and emotionally. Much of this process involves assessing whether you are capable and prepared to offer and maintain such an environment as a prospective adoptive parent. Schedule a consultation with our Austin, Texas, adoption attorneys at Kimbrough Legal, PLLC today by calling (833) 553-4251, so we can assess your unique situation.

Requirements To Adopt as an Unmarried Individual in Texas

All 50 states allow unmarried individuals to adopt, but laws vary by state. In Texas, someone seeking to adopt must:

  • be financially stable
  • be 21 years old or older
  • participate in home study and receive a positive recommendation
  • return a positive report from a criminal history and background check

Your living space must have at least one additional bedroom aside from your own to have sufficient space for the adopted child. If there are other adults in your household, they must also pass a criminal history and background check. Note that a married person can only adopt if both spouses adopt the child; if marriage is possible for you in the coming years, plan accordingly.

This is a partial list. Individual organizations may have additional requirements to adopt through their services. Adoption is a long process, and it is good to know early on if any difficulties could threaten your ability to adopt. Discuss any questions or concerns you may have about your situation with your Texas adoption lawyer.

Consent Requirements for Adoption in Texas

Beyond satisfying the general requirements for adoption in Texas and those of a given adoption agency, several people may need to consent to your adoption. Adoption of a child in Texas will require the following:

  • The termination of parental rights for both biological parents. These rights may be voluntarily relinquished (only one parent’s parental rights must be terminated if you are a stepparent adopting your spouse’s child).
  • The child’s consent to be adopted if they are 12 years of age or older. This requirement can be waived if the judge determines the adoption to be in the child’s interest.
  • Consent from your spouse if you are married at the time of your prospective adoption
  • Consent from the child’s conservator. In some cases, the court may waive this requirement.

What is a Home Study for Adoption?

A Home Study for Adoption in Texas involves a report of about 20 pages that addresses your home environment and details regarding your family to ensure you can provide a safe home for a prospective adoptive child. You will first have to complete the application for the home study, which includes a fee and a list of documents you will need to provide. Your Texas adoption attorney can guide you through this process.

A social worker will then interview you and any other household members before completing a final report about a month later that incorporates all of the information you have provided through the application, the documentation, and the interview.

Your Adoption Journey: Preparing To Apply To An Adoption Agency in Texas

Before you apply to an adoption agency and review matches, you must prepare an adoption profile to showcase yourself as a prospective adoptive parent. Prospective birthmothers review these profiles to consider prospective adoptive parents/families before meeting them.

An adoption profile often begins with a friendly and encouraging message to the birth mother. You will also include information about yourself, your family, home and lifestyle, pets, community, and typical activities and interests. This section should be fun and interesting, incorporating photos and information to convey what it will be like to be a part of your family. The profile is your chance to stand out and make a great first impression. It is the first interaction you will have with the prospective birth mother.

Work With Experienced Austin, TX Adoption Attorneys at Kimbrough Legal, PLLC to Adopt a Child in Texas

If you are a single person looking to adopt, you need to be prepared as you enter this process. Our experienced adoption lawyer team is familiar with the laws and procedures for adoption in Texas. We are here to help you take the next steps toward becoming an adoptive parent.

We can clarify your path to adoption in Texas by discussing your goals in the context of your household. Schedule a strategy session with our team at Kimbrough Legal, PLLC today by calling (833) 553-4251 or filling out our online form.

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Copyright© 2023. Kimbrough Legal, PLLC. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

Kimbrough Legal, PLLC
5920 W. William Cannon Dr., Bldg 3, Ste 400
Austin, TX 78749
5920 W. William Cannon Dr., Bldg 3, Ste 400, Austin, TX 78749

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