What Same-Sex Couples Need To Know About Second Parent Adoption in San Antonio, TX

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

For many same-sex couples in San Antonio, family is at the heart of everything. Whether you’ve welcomed a child through surrogacy, assisted reproduction, or your partner had children before your relationship, you may be wondering how to protect your legal rights as a parent.

That’s where second parent adoption comes in. This legal process allows one parent to adopt their partner’s biological or legally recognized child, giving both parents equal standing under Texas law.

At Sralla Family Law, PLLC, we understand how important this step is for your family’s security. Let’s walk through what you need to know about the second parent adoption process in San Antonio, TX, and how working with a trusted attorney for adoption can make all the difference.

Married Same-Sex Couples and Adoption

For married same sex couples, second parent adoption is one of the most important steps you can take to secure your family’s future. Even though same sex marriage is recognized in Texas and across the country, parental rights don’t always follow automatically. That’s why many couples pursue either second parent or stepparent adoption to make sure both parents are recognized under Texas law.

This added protection is critical in today’s climate, where family laws can sometimes feel uncertain. By pursuing a formal Texas adoption, you’re giving your child the security of knowing that both parents will always have the right to stand by their side.

Why Second Parent Adoption Matters

and across the country, parental rights don’t always follow automatically. That’s why many couples pursue either second parent or stepparent adoption to make sure both parents are recognized under Texas law.

This added protection is critical in today’s climate, where family laws can sometimes feel uncertain. By pursuing a formal Texas adoption, you’re giving your child the security of knowing that both parents will always have the right to stand by their side.

Why Second Parent Adoption Matters

Even if both of your names are on your child’s birth certificate, Texas law does not always guarantee equal parental rights. Without a formal adoption, courts may challenge the non-biological parent’s role as a parent, creating serious obstacles.

For example:

• Medical emergencies: Hospitals may restrict decision-making to a legally recognized biological parent.
• School decisions: Without adoption, you might run into barriers with enrolling your child in school or accessing records.
• Custody disputes: If something were to happen in your relationship, the non-biological parent could risk losing legal rights to custody or visitation.
• Inheritance issues: Adoption legally protects your child’s right to inherit from both legal parents.

A second parent adoption gives your family legal protection and peace of mind. It eliminates doubt, strengthens parental rights, and safeguards your child’s future.

How Second Parent Adoption Works in Texas

Second parent adoption is handled through the Texas family courts. The adoption process typically involves:

1. Filing a petition: Your adoption lawyer will prepare the legal paperwork to formally request the adoption.
2. Home study (sometimes required): In certain cases, a social worker may conduct a home study to confirm that the child’s best interests are met.
3. Background checks: Courts usually require criminal background checks and child abuse registry checks.
4. Termination of parental rights (if applicable): If the other biological parent still has parental rights, the court may require terminating those rights before proceeding with the adoption.
5. Court hearing: The judge reviews the case and grants the adoption once all requirements are met.

While the adoption process may feel overwhelming, an experienced family law attorney in San Antonio, Texas, guides you through the details and protects your rights at each step.

Common Concerns for Same-Sex Couples

At Sralla Family Law, PLLC, we’ve heard many of the same concerns from couples considering second parent adoption:

• “We already have both names on the birth certificate. Why do we still need adoption?”
  
  Because birth certificates don’t always guarantee legal recognition, adoption is the more secure step to protect second parent rights.

• “Is this process expensive or time-consuming?”
  
  While every case is different, second parent adoption is generally more straightforward than other types, such as stepparent adoption. Your attorney can give you a clear timeline and cost estimate.

• “What if the laws change?”
  
  A court-ordered adoption is far more durable than relying on assumptions about parental rights. It protects your family no matter how the law shifts.

How Our Team Can Help

At Sralla Family Law, PLLC, we know that adoption is more than just paperwork. It’s about love, family, and security. Our team takes the time to listen to your story, answer your questions, and walk with you every step of the way.

We bring the strength of a giant when navigating the legal system, but we also have the heart of a neighbor when it comes to caring about your family’s future. Whether you’re starting the adoption process, correcting a birth certificate, or simply exploring your options, our attorneys are here to help.

Protect Your Family’s Future with Sralla Family Law, PLLC

If you and your partner are raising a child together in San Antonio, don’t leave your parental rights up to chance. Second parent adoption is the most reliable way to protect your child, your relationship, and your family.

At Sralla Family Law, PLLC, we blend the might of large firm services with warmth and care. We’ll guide you through the process with clarity, compassion, and confidence. Because when it comes to your family, there’s no such thing as “just legal.” There’s only what’s right for you.

Call us today at (210) 212-5656(210) 212-5656 or complete our confidential online form to schedule your consultation. Let’s discuss your family’s needs and how we can help you secure parental rights through adoption.

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/