Brown Pruitt is frequently contacted by Texas families wishing to complete a step parent adoption. Families often ask: How can my new husband adopt my child?  Or, what is required to adopt a spouse’s child?

Step parent adoption is a great way for a family that is already thriving together to formally recognize the role that the step parent plays in the child’s life. If you are helping to raise your spouse’s child(ren) and would like to take steps to adopt your step child, Brown Pruitt can help.

Benefits of Step Parent Adoption in Texas

Step parents often play a vital role in the lives of their spouse’s children. They help to provide food, shelter, and love to the child. They attend soccer games and dance recitals. They take on all the typical responsibilities of a parent, but without the legal recognition.

But there are more benefits to adopting a stepchild than just the legal ones. Many step parents adopt their spouse’s children purely for the emotional benefits.

Below are just a few of the many benefits to adopting a step child in Texas:

• Legal Recognition: When you adopt a stepchild, you become the child’s legal guardian and share all parental rights and responsibilities with your spouse. Becoming the child’s legal mother or father often simplifies everyday tasks, such as taking them to the doctor or even picking them up from school. Obtaining these parental rights will also protect you from custody challenges from biological family members, in the event that something was to happen to your spouse.
• Financial Benefits: A child who is adopted by his or her step parents may also receive financial benefits, such as inheritance and insurance.
• Family Bond: Perhaps the most significant benefits to come from step parent adoption are the emotional ones. For a step parent who has been a primary caregiver throughout a child’s life, becoming his or her legal parent can feel like receiving a badge of honor. Step parent adoptions formalize the deep, longstanding bonds that step parents share with their step children. They provide a sense of security and permanence to the entire family. For the child, they are the ultimate act of love.

How to Adopt a Stepchild in Texas

For those wishing to pursue a step parent adoption, Brown Pruitt can help you legally adopt your step child through the following steps:

1. Termination of Parental Rights

In order to complete a step parent adoption in Texas, the parent must first have their parental rights terminated. This will typically be done through what is called an Affidavit of Relinquishment.

Brown Pruitt will draft and assist you with obtaining the paperwork necessary to terminate the parental rights of the child’s biological parent.

2. Complete Home Study

Even when the child has been living with the step parent for some time, it is still necessary for the adopting parent to complete a home study. This proves to the courts that he or she is ready to legally adopt the child, understands his or her obligation to the child, and is physically, emotionally and financially prepared to raise the child.

The home study will generally cost anywhere from $500 – $1,500 to complete and may be completed by a licensed home study agency.

3. Child Consent

In Texas, any child age 12 or older must legally consent to the adoption. Consent is given by having the child sign a simple document that our offices will provide.

4. Court Hearing

Generally, Brown Pruitt is able to complete the parental rights termination and adoption within the same hearing. We invite the adopting family and friends to attend the hearing to celebrate the adoption, if appropriate.

Step parent adoption is a great way to establish parental rights and provide your family with a strong sense of permanence. Having an experienced law firm like Brown Pruitt by your side will ensure that the adoption is completed soundly and that all Texas laws have been followed along the way.

If you are interested in pursuing a stepparent adoption, please contact Brown Pruitt today to get started or to receive free information.

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The articles presented on these pages may not be applicable to your particular legal situation. You should consult with an attorney regarding your specific legal situation.

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The Complete Guide to Step Parent Adoption in Texas

The decision to adopt a stepchild is a big one, but it can be an incredibly rewarding experience for both you, your new spouse, and your child. In my experience as a family law attorney in Texas, I have worked with numerous couples to help them navigate legal issues on the path to growing their family.

If you’re a stepparent who is interested in adopting your stepchild, then this guide is for you. I will walk you through the legal process of step parent adoption in Texas so that you know what to expect on the path to starting an exciting new chapter in your family.

Criteria for Adopting a Stepchild in Texas

To file for the legal adoption of a stepchild in Texas, you must meet several criteria. Let’s review the most important elements.

1. Marriage and Residency

For starters, you must be married to the child’s legal parent. Texas family law also requires that the child resides with you for at least six months before you can adopt them. You will need to show that you have provided care and support for the child during this time and that the child has bonded with you as their new parent.

2.

In addition to these basic criteria, you must have the permission of both legal parents. There are exceptions to this rule, but Texas family law still requires a child to have no more than two legal parents.

Therefore, the other parent will need to agree to terminate their parental rights. This can be tricky if the other parent is unwilling to give up parental rights. You will want to work with a family law attorney to determine the best course of legal action to help you out.

However, if the other parent is unfit to parent the child, is deceased, cannot be identified or located, or is incarcerated, you may not need their permission to file for adoption. Additionally, if one parent has had their parental rights terminated or has abandoned the child for a significant period, you will not need that parent’s permission to adopt.

3. Consent of the Child

You may also need the consent of the child being adopted if they are 12 years of age or older. However, if the court believes that the adoption would be in the child’s best interest, a judge may waive the requirement to obtain the child’s consent.

Legal Process to Adopt a Stepchild in Texas

If you meet the criteria to adopt a stepchild in Texas, you’ll need to follow certain legal steps to make the adoption official.

1. Filing a Petition for Adoption

The process begins by filing a petition for adoption with the local family court. In Texas, there are two main types of adoption petitions. The type you will need to file depends on the unique factors of your case.

Original Petition to Terminate Parent-Child Relationship and for Step Parent Adoption

One type of adoption petition used for step parent adoptions in Texas is the Original Petition to Terminate Parent-Child Relationship and for Step Parent Adoption. This type of petition is used when the child has two legal parents. To use this petition, the child’s other parent must be alive and have no court order terminating their parental rights.

Original Petition for Adoption

Another type of step parent adoption petition in Texas is the Original Petition for Adoption. This may be used when the stepchild being adopted has only one legal parent, which might occur when the other parent is deceased or has terminated their parental rights. This type of step parent adoption in Texas is generally more straightforward than that involving two legal parents.

2. Seeking Parental Consent

After filing the Original Petition to Terminate Parent-Child Relationship and for Step Parent Adoption, you will need to notify the child’s other legal parent in person or by certified mail that you intend to adopt the child. This is not required if you meet the criteria to file an Original Petition for Adoption.

The next step is for the other parent to give their official consent to the adoption in writing. If they fail to give consent, you will need to seek a court order to terminate the other parent’s parental rights, and this can drag out the process and may require multiple court hearings.

3. Finalizing the Adoption

Once all the necessary paperwork has been filed, the court will set a hearing date. At this hearing, the judge will ask you questions about your relationship with the child and your motivation for wanting to adopt them.

If the judge believes that the adoption is in the child’s best interest, they will sign an order making the adoption official.

Your Rights and Responsibilities After Adopting

After an adoption is finalized, Texas law awards adoptive parents all the same rights and responsibilities as biological parents. The child may be able to get a new birth certificate with your name listed as the parent to solidify this change.

1. Parental Rights

Parental rights in Texas include the right to make decisions about the child’s education, medical care, and religious upbringing. Activities like enrolling the child in school or taking them to the doctor will require your consent.

Additionally, you will have the right to inherit from the child, and the child will have the right to inherit from you. The child will also be eligible for coverage under your health insurance.

2. Parental Responsibilities

You will be legally responsible for providing the child with financial support, a home, food, and clothing. This includes paying for the child’s education and health care costs.

If you divorce or separate from the child’s parent, you will still have the same rights and responsibilities as a biological parent. This also means that you may be ordered to pay child support if you are assigned the role of a non-custodial parent.

3. Other Adoption Benefits

The legal adoption will also allow you to change the child’s name if you choose to do so. Other benefits of adopting a stepchild include the peace of mind that comes with knowing your relationship is legally recognized and secure. The adoption will also give the child a sense of belonging and stability, knowing they are a permanent part of your family.

When Should You Work With an Adoption Attorney?

Adopting a stepchild is a wonderful way to build a stronger family bond. However, the process can be complex, and it’s important to make sure you understand all the legal implications before proceeding.

While you are allowed to represent yourself in court, it’s generally in your best interest to work with an experienced adoption attorney. I can help you understand your rights and responsibilities and improve your odds of securing a favorable outcome for your family.

I currently help families in Fort Bend County, Brazoria County, and Harris County with step parent adoption in Texas. If you live in one of these counties and are considering adoption, please call my offices at 979-267-7660 or 281-944-5485 to schedule a consultation.

I’ll be with you every step of the way helping you navigate the legal process and ensuring that your rights are protected.

ADOPTION ISSUES - Our Texas - Russian Newspaper in Houston, Dallas, San-Antonio, Austin, Texas

Each state has dedicated adoption agencies either owned or licensed by the state. Agencies select prospective parents and match them with their biological mother. They also advise both parties (adoptive parents and mother) on adoption and its consequences for them. In the case of postnatal adoption, the adoptive parents generally pay the mother for the costs of medical care, accommodation during the pregnancy and a few months after, and legal fees associated with the pregnancy and adoption. The agency also usually helps to complete the legal side of this process by contacting a lawyer who will process the adoption through the courts. As you know, not only babies are adopted, but also children of a later age. The legal aspects of the case here are approximately the same as in the case of newborns, with the exception that if the child is in an orphanage (orphanage), then, most likely, his biological parents have already been deprived of their rights to him, and they will not consent to adoption is required. nine0003

Yes. You can accept a child from another state by meeting the requirements of that state. At the same time, there are many similarities in the requirements of different states. For example, all states require that when adopting through an agency, the agency familiarizes itself with the financial and personal circumstances of prospective adopters. Specifically, this is done by representatives of the social service, who, in addition to interviewing and reviewing relevant documentation, also visit the place of residence of future parents. The purpose of this acquaintance is to establish whether the living conditions of the parents correspond to their intentions to take care of the child. In addition, in all states, new parents come into their own only after a court decision. nine0003

This is an adoption without an agency. In this case, the mother, who wants to give the child to new parents, and the future adoptive parents find each other through friendships, through familiar lawyers or doctors, through newspaper advertisements. Such adoptions have become increasingly common in recent years. However, it should be borne in mind that it is prohibited by law to pay one party or another for the transfer of the child itself. Only the reasonable cost of the adoption is paid. Therefore, if payment, for example, to a mother giving birth in the course of a private adoption exceeds a reasonable figure, which could result in her medical, legal and other related expenses, or if a commission is assigned to a third party that connected the biological mother with the adoptive parents, then in these cases all participants in the "deal" run the risk of being sued. nine0003

Of course, but in this case, you may need the help of an immigration lawyer or an agency that specializes in such cases, since this process involves additional complexities. Expectant parents will have to complete documents that meet the legal requirements of another country, as well as the requirements of the US Citizenship and Immigration Services.

It is clear that news of an unhealthy child can cause serious psychological trauma for new parents, not to mention additional financial costs for the treatment of the disease. However, in most states, parents will not be allowed to return their child to where they were taken. The only case when this is possible is if the parents themselves were victims of deception (for example, the agency knew about the defect in the child's health, but withheld the truth). However, whether you are a biological mother or an adoptive parent who is unable to support a child for mental, financial, or other valid reasons, you can voluntarily enroll the child in an orphanage under the care of the state. This, however, in most cases will lead to the deprivation of parental rights, whether you like it or not. nine0003

From a legal point of view, this means the complete deprivation of parental rights to the child. Although in a number of states so-called open adoption is practiced, when a child is placed in an orphanage, the mother retains the right to visit him. If the mother has finally decided to separate her fate from the fate of the child, despite the advice and warnings of doctors, lawyers and social workers, then she will have to sign a legal document, according to which she voluntarily agrees to resign from her parental powers. nine0003

For adopted children, there is a special immigrant visa IR-3, which is issued at the request of the adoptive parents at the US Embassy on the basis of the fact of the official adoption of the child in court and the provision of all necessary documents. Since the laws of two countries come into force in the case of an intercountry adoption, US consular officials carefully review each application for an immigrant visa to make sure that these laws have not been violated, that the rights of new parents, biological parents, as well as the child himself are protected. nine0003

According to the laws of Bulgaria, Bulgarian children can be transferred to foreigners if it was not possible to transfer them for adoption to Bulgarian citizens. At the same time, there is a condition under which adoption by foreigners is possible only after 12 months from the date of registration of orphans on a centralized account in the data bank of the Ministry of Education about children left without parents. This measure, as it were, provides a chance to find a child for Bulgarian foster parents. Next, a foreigner (say, an American) applies to the local department of education with a request for the selection of a child. Local authorities provide Americans with information about children registered for more than 12 months and ready for adoption. nine0003

After identifying a specific child to be adopted, Americans file an application with the court of their place of residence. A number of documents are attached to the application. This is the certificate of the American social agency about the living conditions of the adoptive parents, and the conclusion of doctors about their state of health, birth certificates, information about income (for example, a certificate from the place of work indicating annual earnings), a certificate from the police that the adoptive parents are not committed criminal offenses, etc.

According to Bulgarian law, an American must also submit to the court permission from the US Citizenship and Immigration Services for the entry and permanent residence of the adopted child. Typically, the US embassy will provide written confirmation that the parent's prior application for the child's entry has been approved by immigration and that consular officials will issue the visa once all other conditions of US adoption and immigration law are satisfied. Such a letter fully complies with the requirements of Bulgarian laws. nine0003

First of all, the following papers for a child are submitted to the court: a document stating that he is registered in the database of the Ministry of Education; confirmation that the adoption of a child is in his/her vital interests; birth certificate of the child; medical certificate of his health and physical development; a statement from the biological parents of the child on their consent to adoption, as well as a written consent to the transfer of the child, signed by the director of the orphanage in which the child was. After all these papers are submitted to the court, a hearing is scheduled for the next 50 days. On the day of the hearing, a decision is made, which takes effect 10 days after that. The new parents can then obtain an adoption certificate and, based on it, a new birth certificate for the child, which indicates the name given to him by the adoptive parents, as well as their own names. nine0003

All documents that are handled during the adoption process require translation, whether they are documents submitted to a Russian court or papers submitted to the American embassy. There are special requirements for translation, and those interested can learn about them separately.

What do adoptive parents get in the USA - Newspaper Kommersant No. 34 (5066) dated February 26, 2013

12K 4 min. ... nine0003

In the US, laws have been in place for many years to encourage foster care for children without parental care. "Kommersant" found out how this affects the solution to the problems of orphanhood.

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When Jim and Jill Folstrom returned to Indianapolis, Indiana last fall with their two-week-old Texas adopted child, Eli Lilly & Co, where they had worked for more than five years, decided to partially reimburse them. The adoptive parents were given a check for $10,000 covering half of the costs of adoption. In addition, the Folstrom family was given a week of fully paid vacation. After that, Jill was able to go on four weeks of unpaid leave, which is usually given to mothers in the US after giving birth. nine0003

According to a study conducted by the consulting company Hewitt Associates back in 1997, more than a quarter of employers considered it necessary to at least partially reimburse their employees for the costs of adoption. Among the main reasons, employers usually cite the high cost of adoption compared to conventional births. In the US, the vast majority of companies provide health insurance to their employees, so that the costs of medical care during pregnancy and childbirth are compensated by insurance companies. According to experts at the National Adoption Center, this is not charity. In exchange for financial assistance, companies get the opportunity to maintain the loyalty of employees. nine0003

In addition, according to US tax law, the state partially compensates adoptive parents for the amount spent on adoption. In accordance with the American Taxpayer Relief Act of 2012, passed by Congress on January 2, this relief is permanent and cannot be revoked. Today, taking into account payments to the federal budget, as well as to the budgets of the city and state, the average tax rate in the United States is 36%. In the case of an adoption, the family receives a tax credit of $12,970 for each adopted child and can deduct this amount from the annual return. The amount can be reduced by 30% if the family earns more than $194.5 thousand per year. There are no tax breaks for those whose income exceeds $234.5 thousand. In addition, the adoptive family can apply to the tax authorities with a request to take into account the costs directly related to the adoption process. In this case, the costs of preparing the necessary documents, paying for agencies and lawyers, travel and payment of court fees and charges will be deducted from the taxable amounts.

When it comes to adopting a child who needs medical or psychological help, adoptive parents can deduct more serious amounts from their tax returns. The authorities of most US states provide benefits of up to $25,000 to such families.

US foster care benefits are available in all states. They fall into several categories. According to the National Adoption Center, the adoption process costs adoptive parents between $10,000 (in the case of a child born in the United States) and $50-60,000 (in the case of a foreign adoption). There are national and regional waiting lists that list all pregnant women who, for various reasons, decide to abandon their unborn child. If, immediately after the birth of the child, the mother confirms that she is ready to give him up for adoption; authorities inform potential parents. The wait may take several years. nine0003

Federal assistance to adoptive families is covered by the Adoption and Safe Families Act of 1996. According to this document, state authorities have the right to determine whether a foster family needs financial and medical assistance. If the family income is deemed insufficient, then at the beginning of the adoption process, potential parents receive assistance in the amount of $200 to $2,000 to prepare the necessary documents and attend preparatory seminars.

Social Services can help families get up to $50,000 in interest-free loans to help with adoption costs. Doctors have determined that until the age of 18 (or 21 in some states) a child may be eligible for free Medicaid, whether or not the parent's health insurance covers these costs. nine0003

Separate benefits for military families. If a child is adopted by such a family, the law provides for a one-time payment of up to $5,000 for each child. In addition, servicemen who decide to take sick children into their families are entitled to a monthly payment of $1,000. State employees also receive a one-time compensation of $5,000. In a number of states, similar benefits are provided for foster families. Usually in such families the child spends from one to three years. The authorities compensate "temporary" parents for the cost of clothing, food and education for their children. The average monthly check is $300-800, but can be significantly increased if the child needs expensive medical care. nine0003

In each case, a parent's request for financial assistance will be reviewed by State Social Services. Payments are mandatory if the child has a serious illness, was adopted over the age of six, or belongs to an ethnic, racial or religious minority.

In 2001, more than 40 states in the United States passed legislation making tuition free for adopted children at state and community colleges and universities. nine0003

There are now 401,000 children left without parental care in the US, the lowest number in 20 years. The vast majority of these children live in foster families. According to the US Bureau of Children's Affairs, if in 2003 there were 130,637 children awaiting adoption, in 2011 this figure was 104,236 people. The average age of orphans is seven years old, 40% are white, 28% black and 22% Hispanic.

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