How To Adopt My Stepchild in San Antonio, Texas

On Behalf of Kevin E. Sralla | May 15, 2025 | Blog

If you’re a stepparent wondering, “How do I adopt my stepchild in Texas?” You’re not alone. Blended families are common in San Antonio, and many stepparents want to take the next step: becoming their child’s legal parent. Whether you’re doing this to solidify your bond, simplify legal rights, or protect your child’s future, stepparent adoption is a meaningful and powerful act of love.

In this blog, our San Antonio adoption lawyer explains everything you need to know about how to adopt your stepchild in Texas. Our team of San Antonio family law attorneys is here to make the process understandable and stress-free.

Why Adopt Your Stepchild?

If you’ve already been raising and loving your stepchild as your own, the idea of formalizing that relationship makes a lot of sense. Adoption is more than just a legal process. It’s a promise. When you adopt your stepchild, you gain full parental rights. That means you can:

• Make medical, educational, and legal decisions on their behalf
• Add them to your health insurance
• Give them inheritance rights
• Change their last name, if desired
• Strengthen your emotional and legal bond with the child

In short, adoption gives you the authority and recognition to parent your child with no question and no confusion. It confirms that a true parent-child relationship exists, both in the eyes of the law and in the heart of your family.

Who Can Adopt a Stepchild in Texas?

To adopt your stepchild in Texas, you must:

• Be legally married to the child’s biological or legal parent
• Have lived with the child and your spouse for at least six months
• Be at least 21 years old
• Show that the adoption is in the child’s best interests

If your stepchild is 12 or older, they must also consent to the adoption in writing. In some cases, the judge may want to speak with the child directly to confirm their wishes before finalizing the legal status change.

What About the Other Biological Parent?

This is one of the most important and sometimes most emotional parts of the adoption process. In Texas, a child can only have two legal parents. That means the birth parents cannot both remain on the birth certificate if you are stepping in to adopt.

The other parent’s consent is typically required. That means the biological parent must either:

1. Voluntarily terminate their parental rights, or
2. Have their rights involuntarily terminated by the court

Voluntary termination typically happens when the biological parent recognizes the adoption is in the child’s best interest and agrees to sign away their parental rights.

Involuntary termination, on the other hand, requires court action and proof. Some common reasons a judge may agree to terminate parental rights include:

• Abandonment
• Failure to pay child support
• Neglect or abuse
• Long-term incarceration
• Substance abuse or inability to provide a stable home

This part of the process can be legally and emotionally complex, so having an experienced attorney for adoption is essential to navigating it smoothly.

The Texas Stepparent Adoption Process

Every case is unique, but here’s the general roadmap for stepparent adoption in San Antonio:

1. Termination of Parental Rights

As mentioned, this is the first legal step. This part may move quickly if the other biological parent or birth parent is cooperative. If not, your attorney may file a petition to terminate their rights involuntarily.

2. File the Adoption Petition

Once the parental rights are addressed, your lawyer will help you file a petition with the local court to adopt your stepchild.

3. Background Check and Home Study

Texas typically requires a criminal background check. However, the court may waive the formal home study in many stepparent adoptions, especially if you’ve been married and living with the child for more than six months.

4. Child’s Consent (If Over 12)

Children 12 and older must sign a written consent form.

5. Final Adoption Hearing

You, your spouse, and your child (if age-appropriate) will attend a court hearing at the Bexar County courthouse. A judge will review your case and finalize the adoption. You’ll receive a new birth certificate listing you as the child’s legal parent.

What Happens After the Adoption?

Once the adoption is complete, all legal rights and responsibilities of parenthood transfer to you. You’ll be responsible for:

• Providing financial support
• Making decisions for the child
• Building a shared legal and emotional future

The child officially becomes your adopted child, with the same rights as if they were born to you biologically. Keep in mind that any child support obligation from the other parent ends with the termination of their rights. However, if they owe past-due support, that debt does not disappear.

Do I Need a Lawyer to Adopt My Stepchild?

Though it is possible to handle a stepparent adoption without an attorney, it’s rarely a good idea. Texas adoption laws are strict, and one small misstep can delay or derail the process. Whether you’re navigating the other parent’s consent, contested termination, or a complex family dynamic, having a “stepparent adoption attorney near me” can make all the difference.

Our team of San Antonio family law attorneys is here to guide you every step of the way. We handle these cases with care, compassion, and a deep respect for the love that motivates you.

Ready to Make It Official? Let Sralla Family Law, PLLC, Help You Adopt Your Stepchild Today

Stepparent adoption is a life-changing process—not just legally, but emotionally. Are you ready to adopt your stepchild? Sralla Family Law, PLLC, can help you make that dream a reality. At our firm, we blend the might of large firm services with warmth and care. You’ll never be treated like a number. You’ll be treated like family.

Let us stand beside you and guide you with strength, clarity, and heart. Call us today at (210) 212-5656(210) 212-5656 or complete our online form to schedule your consultation.

With the Strength Of A Giant and the Heart Of A Neighbor, We Are Your San Antonio Law Allies.

Copyright © 2025. Sralla Family Law, 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.

Sralla Family Law, PLLC
542 E. Highland Blvd.
San Antonio, Texas 78210
(210) 212-5656(210) 212-5656
https://www.familylawsanantonio.com/