Adopting an infant in Texas runs through the Texas Family Code and follows a predictable sequence: eligibility screening, a pre-adoptive home study, voluntary relinquishment of the birth parents’ rights, placement of the child, a post-placement evaluation, and a final hearing where a judge signs the adoption order. From first screening to finalization, most Texas infant adoptions take six months to a year, and private placements typically cost between $20,000 and $50,000 through a licensed agency.
Who Can Adopt
Any adult can petition a Texas court to adopt a child. There is no minimum age beyond 18, and single adults can adopt regardless of gender.1State of Texas. Texas Family Code FAM 162.001 – Who May Adopt and Be Adopted If you are married, both spouses have to join the petition; one spouse cannot adopt alone while the other stays out of it.2State of Texas. Texas Family Code FAM 162.002 – Prerequisites to Petition The statute does not require you to be a Texas resident, but the child has to reside in Texas for a Texas court to have jurisdiction.
Before the court finalizes an adoption, the parent-child relationship with each living birth parent must already be terminated, or a termination suit must be filed alongside the adoption petition. In most infant adoptions, both birth parents sign voluntary relinquishment affidavits and there is no contested termination proceeding.
Agency or Independent Placement
You have two main paths. In an agency adoption, a licensed child-placing agency handles the matching, counseling, legal paperwork, and home study. The birth parent’s relinquishment affidavit names the agency as managing conservator, and Texas law makes that designation immediately irrevocable.3State of Texas. Texas Family Code FAM 161.103 – Affidavit of Voluntary Relinquishment of Parental Rights That finality is the biggest practical reason many families choose the agency route.
In an independent (sometimes called “private”) adoption, the affidavit names the prospective adoptive parent directly instead of an agency. The home study, court oversight, and statutory waiting periods still apply, but the relinquishment follows different revocation rules discussed below. Independent adoptions in Texas generally require an attorney to handle filings and compliance, since no agency is coordinating the case.
The Pre-Adoptive Home Study
Texas requires a pre-adoptive home screening in every adoption suit that is not filed by DFPS or a licensed child-placing agency. The screening must be on file with the court before a judge can sign any final termination or adoption order, and the prospective parents pay for it.4Justia Law. Texas Family Code FAM 107.0511 – Pre-Adoptive Home Screening In agency adoptions, an evaluation of the home and social environment is required before placement.
A typical home study includes visits to inspect the physical safety of the home, criminal background checks through the FBI and Texas DPS, a search of the DFPS Central Registry of child abuse and neglect findings, financial records showing you can support a child, medical evaluations for each household member, personal references, and a written disclosure of prior marriages, current household members, and any history of substance abuse or domestic violence.5Texas Department of Family and Protective Services. Texas Central Registry Background Checks
Some criminal history creates an absolute bar. Under federal standards Texas follows in cases involving federal adoption assistance, a felony conviction at any time for child abuse, spousal abuse, crimes against children, or violent crimes including sexual assault and homicide disqualifies you. Felony convictions for physical assault, battery, or drug offenses within the past five years are also disqualifying. A “reason to believe” finding on the DFPS Central Registry will keep you from clearing the background check.5Texas Department of Family and Protective Services. Texas Central Registry Background Checks
How the Birth Parents Relinquish Rights
The legal cornerstone of a voluntary infant adoption is the Affidavit of Voluntary Relinquishment of Parental Rights under Section 161.103 of the Texas Family Code. A birth parent cannot sign it until at least 48 hours after the child is born, a waiting period built in to protect against decisions made under the immediate stress of childbirth.3State of Texas. Texas Family Code FAM 161.103 – Affidavit of Voluntary Relinquishment of Parental Rights The affidavit must be witnessed by two credible people and verified before a person authorized to administer oaths.
It has to include the parent’s name, county of residence, and age; the child’s identifying information; a statement about whether the parent owes court-ordered child support; a description of any property the child owns; and an allegation that termination is in the child’s best interest. It must also identify the other parent or state that the other parent’s rights have already been terminated or that the child has no presumed father.
When Relinquishment Can Be Revoked
The revocability of the affidavit depends entirely on who is named as managing conservator, and this is where independent adoptions carry real risk.
- If the affidavit names DFPS or a licensed child-placing agency as managing conservator, the relinquishment is irrevocable the moment it is signed.3State of Texas. Texas Family Code FAM 161.103 – Affidavit of Voluntary Relinquishment of Parental Rights
- If the affidavit names a specific person as managing conservator (the independent-adoption route), the relinquishment is revocable unless the document expressly states it is irrevocable for a set period not exceeding 60 days from the date of execution.
- If the affidavit fails to address irrevocability at all, it defaults to revocable, and the birth parent can revoke it before the 11th day after signing by executing a witnessed, verified written statement and delivering a copy to the person named in the affidavit.
A drafting error in an independent adoption, or a missing irrevocability clause, can leave the door open for a birth parent to revoke consent during a window everyone assumed was already closed.
The Birth Father and the Paternity Registry
One of the most overlooked risks in infant adoption is failing to account for the birth father. Texas keeps a Paternity Registry through the Department of State Health Services, and an unmarried man who wants notice of any adoption or termination proceeding involving a child he may have fathered must register either before the child is born or within 31 days after birth.6State of Texas. Texas Family Code FAM 160.402 – Registration for Notification If he misses that window and has not established paternity another way, he loses the right to notice.
A man who already has a legal father-child relationship through a court order, an acknowledgment of paternity, or the marital presumption is entitled to notice whether or not he registers. So is a man who files a paternity suit before the court terminates his rights. Your attorney should always search the Paternity Registry before proceeding.7Texas Department of State Health Services. Paternity Registry Discovering an unaddressed birth father claim after finalization is the kind of problem proper diligence prevents.
Filing, Placement, and Post-Placement
Once the relinquishment affidavits are executed and the pre-adoptive home screening is on file, the prospective parents file a Petition for Adoption in district court. If a managing conservator other than the petitioner has been appointed, that conservator’s written consent must also be filed. The court can waive this only if it finds the consent is being refused without good cause.8State of Texas. Texas Family Code FAM 162.010 – Consent Required
After the infant is placed in your home, an adoption evaluator conducts visits to observe how the child is adjusting, assess the bond with the family, and confirm the home continues to meet standards. The evaluator’s post-placement report has to be filed before the judge can render a final adoption order. There is no fixed statutory minimum, but most evaluators and courts expect several months of observation before finalization.
Finalization and the New Birth Certificate
The adoption ends at a finalization hearing. The judge reviews the home study, the relinquishment affidavits, the post-placement report, and any consent documents, then questions the petitioners under oath about their intent and commitment. If the judge finds the adoption is in the child’s best interest, the court signs an adoption order that permanently establishes the legal parent-child relationship.
After the order is signed, the Texas Vital Statistics Unit issues a supplementary birth certificate listing the adoptive parents. Copies of the birth certificate and birth records may not disclose that the child was adopted.9State of Texas. Texas Health and Safety Code HSC 192.008 – Birth Certificates of Adopted Children The original record is sealed, and future disclosures come from the new supplementary certificate.
If the Baby Is Born Out of State
When you live in Texas but the infant is born in another state, or the other way around, the placement must comply with the Interstate Compact on the Placement of Children. Both the sending state (where the child is) and the receiving state (where the child will live) must approve the placement in writing before the child can cross state lines. Federal law gives the receiving state 60 calendar days to complete the home study and send its written report to the sending state, though the placement decision can take longer. Until the receiving state grants written approval, you cannot leave the sending state with the child, which usually means staying in the birth state for a week to several weeks after the baby is born.
If the Child May Have Tribal Ancestry
If the infant is an “Indian child” under federal law, meaning a member of or eligible for membership in a federally recognized tribe, the Indian Child Welfare Act overrides Texas procedures wherever they conflict. No consent to adoption or termination is valid before the child is 10 days old, compared to Texas’s 48-hour rule. Consent must be executed in writing before a judge, who must certify that the parent fully understood the terms and consequences, in English or through an interpreter. And a parent can withdraw consent for any reason at any time before the court enters a final adoption decree; if consent is withdrawn, the child must be returned to the parent.10Office of the Law Revision Counsel. 25 USC 1913 – Parental Rights; Voluntary Termination There is no irrevocability provision under ICWA. If there is any possibility the child has tribal affiliation, your attorney needs to investigate early, because discovering tribal eligibility late can reset the entire timeline.
What It Costs
Private infant adoption in Texas is expensive. Home study fees typically run between $900 and $3,500. Total agency fees for matching, counseling, legal work, and placement services generally fall between $20,000 and $50,000. Independent adoptions avoid some agency fees but still involve attorney costs, court filing fees, and the home study.
The federal adoption tax credit offsets part of the expense. For tax year 2026, the maximum credit is $17,670 per child for qualified adoption expenses, which include court costs, attorney fees, travel, and other expenses directly related to the legal adoption. The credit phases out for taxpayers with modified adjusted gross income above $265,080 and disappears entirely at $305,080.11Internal Revenue Service. Revenue Procedure 2025-32 – Section 3.03 Up to $5,120 of the credit is refundable, meaning you receive that portion even if you owe no federal income tax; the remainder carries forward. You claim the credit on Form 8839.
Timing matters. Expenses paid before the year of finalization are claimed on the following year’s return. Expenses paid during or after the year the adoption becomes final are claimed in the year you pay them.12Office of the Law Revision Counsel. 26 USC 23 – Adoption Expenses If your employer offers an adoption assistance program, up to $17,670 in reimbursements can also be excluded from your taxable income for 2026, but you cannot claim the credit and the exclusion on the same expenses.
Add the Child to Your Health Plan Right Away
Adopting a child is a qualifying life event under federal law, so you do not have to wait for your employer’s open enrollment period to add the infant to your health plan. For marketplace plans, you have 60 days from the placement date to enroll the child. For employer-sponsored plans, federal law requires at least a 30-day special enrollment window.13HealthCare.gov. Special Enrollment Period Missing the window can leave the child without coverage for routine newborn checkups and any complications that come up in the first weeks of life.