What Kind of Adoption Is Right for Our Family?

 Posted on August 19, 2026 in Child Custody

Adoption is a wonderful opportunity to grow your family. Texas allows several types of adoption, including agency and stepparent adoption. The right choice depends on your family’s situation.

A Weatherford, TX adoption attorney can walk you through which type of adoption is the best fit for your family. They can also explain what the process will involve in 2026.

Who Can Be Adopted Under Texas Law?

Adoption cases often involve children, although adults can be adopted in Texas as well. In most cases, the parental rights of each living parent must be terminated before an adoption can happen (Texas Family Code Section 162.001). If a parent’s rights have not been terminated, the termination case can be filed with the adoption case.

Stepparent adoptions are an exception. The biological parent who is married to the stepparent keeps their parental rights.

What Kinds of Adoption Are Available in Texas?

If you want to adopt a child who is not a relative or stepchild, there are three main routes you can take.

Licensed Private Adoption

In a licensed private adoption, an agency matches prospective parents with a birth parent who wants to place a child for adoption. The agency will complete the required background checks and home studies and offer counseling to the adoptive parents.

Agencies can work domestically or internationally. International adoption is subject to additional federal requirements. Licensed adoption is often the most expensive.

Independent Adoption

An independent adoption is arranged directly with a birth parent. This kind of adoption does not need to be done through an agency. Each side can have its own attorney instead.

If you are interested in independent adoption, speak to an adoption attorney about starting the process.

Foster Care Adoption

In a foster care adoption, a family fosters a child and later asks to adopt if the child becomes available for adoption. This is often the least expensive route. Texas offers subsidies to some families who adopt children with special needs from foster care. More information is available through the Texas Department of Family and Protective Services (DFPS).

The path to foster care adoption can be uncertain. Texas first tries to reunite children with their parents when possible. Even after a family has spent time fostering a child, the child might return home to a biological parent. The adoption generally cannot move forward until the necessary parental rights have been terminated.

Can Relatives Adopt a Child in Texas?

Grandparents, aunts, uncles, and other relatives can petition to adopt a child in Texas. Courts often favor keeping children within their extended family when a parent can't care for them. This kind of adoption can be done after the Texas Department of Family and Protective Services becomes involved.

Relative adoptions can involve extra steps if the child was removed from the parents’ home by the state. These may include background checks, home studies, and time spent caring for the child as a managing conservator before the adoption can be finalized.

What Is a Texas Stepparent Adoption?

A stepparent adoption lets you legally adopt your spouse’s child. The biological parent who is not your spouse will still generally need to have their rights terminated. They may agree to give up their rights. If they do not agree, the court must find a legal reason to end their rights. 

Adult stepchildren can also be adopted if they wish to make the parent-child relationship legal.

Call Our Palo Pinto, TX Adoption Attorney Today

Deciding what kind of adoption is best for you is a big step. Our Weatherford, TX adoption lawyer can help you approach this milestone with confidence and guide you through the process.

The Law Offices of Kary L. Key has more than 25 years of experience in family law, including adoption. Attorney Kary Key has been a Certified Family Law Mediator since 2006, giving her significant experience resolving family disputes.

Call 817-599-6969 to speak with an adoption lawyer about your situation today.