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What are the requirements for adopting a relative’s child?

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If you’re considering adopting a relative’s child, you’re not alone. Kinship adoption is common in Texas when parents pass away or can no longer care for their children. This legal process gives you full parental rights and responsibilities.

Basic requirements in Texas

To adopt a relative’s child, you must meet certain legal and personal criteria. You need to be at least 21 years old and show financial stability. This includes providing income documentation and personal references. Texas also mandates a criminal background check and a home study. The home study evaluates your living conditions, background, and ability to support the child.

If you’re married, both spouses must consent to the adoption. While marriage is not required, the state examines whether your home environment is stable and secure. Additionally, the child must reside with you for at least six months before the adoption can be finalized.

Parental rights must be terminated

Before the court can approve an adoption, the biological parents must relinquish their parental rights. This may happen voluntarily, or a court may terminate those rights due to abuse, neglect, or abandonment. Once rights are terminated, the legal process of adoption can begin.

In some cases, the child may already be in state custody. If so, you will need to work with the Department of Family and Protective Services (DFPS). They will walk you through any additional legal steps necessary to proceed.

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Court approval and finalization

After completing all legal and procedural requirements, the court will schedule an adoption hearing. A judge will review your case and determine whether adoption serves the child’s best interest. If approved, the court will issue an adoption order, granting you full legal parenthood.

You can then apply for a new birth certificate that names you as the parent. This final document provides the child with legal security and a permanent family connection.

Start preparing early

Kinship adoption provides children with stability and a familiar environment. By understanding the legal steps involved, you can prepare effectively and reduce potential delays. Starting early helps create a smoother process and ensures a successful outcome.

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