FAQs – Adult Adoption in Texas
This article answers frequently asked questions about adult adoptions in Texas.
Yes. When you file for adoption of an adult, you must usually pay a “filing fee.” The fee may vary by county. Contact the district clerk’s office or the statutory county court with jurisdiction over family law cases in the county where you (the petitioner) live to learn the fees.
If you don’t have enough money to pay the fees, you can ask a judge to waive the fees by completing and filing a Statement of Inability to Afford Payment of Court Costs. Read this short article to learn more: Court Fees & Fee Waivers.
The person asking the court for the adoption order is the “petitioner.”
If the petitioner is married, then both spouses must join together as petitioners in the adoption case.
Note: Even though the spouse of a petitioner in an adoption case must also join in the adoption case as a petitioner, the spouse may ask the court not to grant the adoption to both spouses, and only to one.
An adult adoption can be granted in Texas without listing any “respondent” parties.
Because the person to be adopted is an adult, there is no requirement to give notice of the adoption to the adult’s biological parents or to bring in the adult’s biological parents as parties to the case.
Yes. Both the petitioner(s) and the adult to be adopted must go to court for the adoption hearing.
Note: If you have a really good reason that either the petitioner(s) or the adult to be adopted cannot attend the hearing, you can ask the court to make an exception that attendance in court for either party to the adoption is not required. This exception is rare and only applies if you have “good cause” and if the judge signs a written order giving permission that either party to the adoption is not required to go to court for the adoption.
An adult adoption:
- Makes the adopted adult the son or daughter of the adoptive parent(s)
- Creates the adopted adult’s right to inherit from the adoptive parents
- The adopted adult no longer inherits from or through the adopted adult’s biological parents.
- Can change the adopted adult’s name (if requested)
Note: An adult adoption will not impact immigration rights or grant benefits under immigration law.
An adult adoption will not be approved (ordered) if the judge believes:
- The adoption is being requested to avoid a legal obligation (such as paying a debt)
- A party to the adoption is not voluntarily agreeing to the adoption (for example, due to a disability or duress)