Family is what you make it. Yet between adoption proceedings, divorce and remarriage, and stepchildren, the legal aspects of building a family can get complicated. Here’s what to consider when coordinating adoption and marriage in Texas, from how to adopt a stepchild or relative to handling multiple stepparent relationships.
Do you have to marry to adopt a stepchild?
Under Texas family law, only two people can be legal parents of a given child. The two parents do not have to be married. But marrying one of the biological parents will not transfer parental rights to the stepparent. Thus, if a stepparent wants legal rights over their stepchild, then the other biological parent must terminate their parental rights. This allows the custodial parent’s new partner to assume parental rights over the child. The couple would typically file two suits simultaneously, an Original Petition to Terminate Parent-Child Relationship and an Original Petition for Adoption.
In some situations, the other parent already had their rights terminated, perhaps because they surrendered those rights or were deemed unfit. Or the other parent has passed away. In either case, the remaining parent’s spouse or fiancé can then file an Original Petition for Adoption.
So to answer the question, it is not required to marry someone to adopt their child. However, the family court wants to see a stable household and will consider the couple’s length of relationship and whether they have the resources and skills to best provide for the child in deciding whether to grant an adoption.
Does the child need to consent to be adopted by a stepparent?
Yes, if the child is at least 12 years old, they must consent per Texas Family Code 161.010(c). If they’re at least 10 years old and the adoption will change their name, they must consent to that as well.
Some kids resist the idea of a stepparent. It’s vital to communicate with your child and understand their fears and concerns. The child’s concerns should not be dismissed. They may have good reason for hesitation. Assure them that their stepdad or stepmom isn’t a replacement but rather a supportive adult who’s committed to providing for them. For more guidance, be sure to read our blog on talking to kids about divorce. In that blog, we offer tips on how to structure a talk with your child about family changes and ensure your child feels safe and heard.
Can you transfer parental rights from a stepparent?
In some divorces, the stepparent has successfully adopted the child. If the stepparent has become the adoptive parent, then that person has parental rights just like any biological parent would have, and they will retain those rights even if they divorce the child’s birth parent. Many stepparents form strong bonds with their spouse’s kids from another relationship. Divorce doesn’t have to end the stepparent relationship if they’ve adopted them as their child. However, if the stepparent did not adopt the child, then the stepparent does not have legal rights to the child.
In some situations, the biological parent may want the stepparent relationship to end. In that case, the biological parent would pursue the termination of parental rights as was done with the other biological parent.
An ex-stepparent could also pursue conservatorship or guardianship of the child in question. They wouldn’t have the full legal parental rights of a biological parent like inheritance but may be able to step in during emergencies or other caretaking roles.
Navigating blended families across multiple relationships can be challenging. Remember that the family court will always make decisions based on what’s best for the child. Explore options for your unique situation by consulting with a compassionate family law attorney such as those at Alexandra Geczi PLLC.
Do you have to be married to adopt a relative?
Some couples wish to become caregivers for a niece/nephew or minor sibling if their parents can no longer provide for them. They can seek parental rights in a relative adoption. They don’t have to be married, although the court may consider that a sign of a stable household. (And if they are married, both must be part of the adoption proceedings.) As always, a Texas family law judge will consider all factors, including finances, household management, and background checks.
Couples can even adopt adult relatives. An adult adoption can establish a legal relationship for estate planning and other vital tasks for building a family. Marriage is typically a boon to the adopters as they are already combining financial assets. This process doesn’t require the termination of any parental rights because the adoptee is no longer a minor.
Eager to start the process to adopt a stepchild or relative, whether a minor or adult? Curious about transitioning stepparent relationships? Have more questions about growing your family within the realm of Texas family law? Reach out to Alexandra Geczi and her team for nuanced, no-judgment guidance on adoptions, stepparent petitions, and more.