Pursuing An Adoption In The Woodlands: Trusted Legal Guidance For Growing Your Family
Adopting a child is one of the most meaningful, transformative decisions a family can make. Whether you’re a stepparent ready to make a lifelong commitment, a foster parent seeking permanency, or a relative stepping in to provide a safe and loving home, the decision to adopt should be a joyful occasion—not a legal obstacle course. Unfortunately, the Texas adoption process can be legally complex, emotionally draining, and full of delays if not managed carefully. That’s why working with an experienced adoption attorney is one of the smartest and most important choices you can make.
At Griffin, Cain & Herbig, Attorneys at Law, PLLC, we’ve helped countless families in Conroe, The Woodlands, and throughout Montgomery, Harris, Walker, and Grimes Counties successfully navigate the adoption process. Our goal is simple: to handle the legal complexities so you can focus on what really matters—building your family.
In Texas, the legal term for custody is “conservatorship.” When a court issues a custody order, it decides who will make decisions for the child (legal custody) and where the child will primarily live (physical custody), although both issues are typically wrapped together in the conservatorship determination.
There are two main types of conservatorship in Texas:
Why You Need An Adoption Lawyer In Texas
We provide:
- Legal clarity and compliance with Texas Family Code
- Advocacy in court proceedings, including termination of parental rights
- Guidance with background checks, home studies, and documentation
- Help overcoming delays or contested matters (like missing parents or lack of agency consent)
Types Of Adoption In Texas
Every adoption is different, and each type comes with its own legal rules, timelines, and challenges. At Griffin, Cain & Herbig, PLLC, we help families with all types of adoptions, including:
1. Stepparent Adoption
This is one of the most common forms of adoption in Texas. A stepparent adoption allows a spouse to become the legal parent of their stepchild—granting them the same rights and responsibilities as a biological parent.
These adoptions require:
- Termination of the other biological parent’s rights (voluntary or involuntary)
- Background checks
- Sometimes a home study (depending on the county)
We help stepparents pursue adoption quickly and legally, even in contested situations where the biological parent is unwilling to relinquish their rights.
2. Private Or Agency Adoption
In a private adoption, the birth parents choose the adoptive family directly, often with the help of an agency or attorney. In agency adoptions, licensed child-placing agencies coordinate the process, screen adoptive parents, and manage the transfer of parental rights.
We handle all the legal filings and coordinate with agencies or social workers to ensure a seamless process.
3. Foster Parent Adoption
When a foster parent has provided a safe, stable home for a child in CPS custody, they may seek to adopt the child once the biological parents’ rights are terminated. This process is often complicated by:
- A need for CPS consent
- Extended family members asserting rights
- Disruptions caused by biological parents re-entering the picture
Our attorneys know how to work with CPS and the court system to secure the adoption when it’s in the child’s best interest.
4. Kinship Adoption (Grandparents, Relatives)
Kinship or relative adoptions occur when a grandparent, aunt, uncle, or other family member steps in to raise a child whose parents are unable or unwilling to do so. While courts often view kinship care favorably, legal adoption still requires the termination of parental rights, background checks, and often a home study.
We handle kinship adoptions with care and urgency, especially when the child is already living with the prospective adoptive family.
5. Single-Parent Adoption
Texas law allows individuals to adopt children, regardless of marital status. Single-parent adoptions are common, particularly among extended family members or foster parents.
We work with single individuals to ensure their parental rights are legally recognized and that they meet all requirements of the Texas Family Code.
6. Adult Adoption
Adoption isn’t just for minors. In Texas, an adult may be adopted by another adult—commonly used in cases of long-standing foster relationships, inheritance planning, or emotional closure.
Adult adoptions generally don’t require termination of parental rights, background checks, or home studies, but must still go through the proper legal channels.
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A Few Words From Satisfied Clients
What stood out the most was his ability to resolve my legal matters in a way that allowed me to continue living my life stress-free. Knowing he had everything under control gave me such peace of mind. He was always available to answer my questions and made me feel like a priority every step of the way.
If you’re looking for a reliable, communicative, & skilled attorney, I wholeheartedly recommend John Herbig! He made a difficult situation so much easier to navigate, and I’m truly grateful for his work. Thank you John!
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I'm so thankful I had him in my corner, and I would absolutely recommend him if anyone needed assistance with probate problems or any other legal issues.
Step-By-Step: The Texas Adoption Process
Here’s an overview of the standard adoption process in Texas, though each case will vary depending on your specific circumstances.
Step 1: Determine Eligibility
You must meet basic qualifications to adopt in Texas, including:
- Being at least 21 years old
- Passing background checks
- Demonstrating financial stability
- Completing any required training (if adopting through CPS or an agency)
We can help you assess your eligibility and readiness before beginning the legal process.
Step 2: File A Petition To Adopt
You or your attorney must file a Petition for Adoption in the appropriate district court. This petition includes key facts about the adoptive parent(s), the child, and the nature of the adoption.
In most cases, a Termination of Parental Rights (TPR) petition must also be filed, unless the biological parents have already voluntarily relinquished their rights.
Step 3: Termination Of Parental Rights
This is one of the most sensitive and complex parts of the process. Parental rights can be terminated:
- Voluntarily: When the biological parent agrees to relinquish their rights.
- Involuntarily: When the court determines that the parent is unfit due to abandonment, abuse, neglect, incarceration, or other serious issues.
Termination is a legal prerequisite for any adoption to move forward.
Step 4: Home Study And Background Checks
A home study evaluates your living environment, financial stability, and parenting readiness. It includes interviews, home visits, and background checks. We prepare you for this process and ensure all requirements are met.
(Note: Home studies may be waived in some stepparent and kinship adoptions.)
Step 5: Court Hearing
Once all paperwork is complete and TPR is finalized, the case proceeds to a hearing before a judge. The court will evaluate whether the adoption is in the child’s best interest. If so, the judge will issue a final decree of adoption—a binding legal order that forever changes the child’s legal status.
Special Considerations In Texas Adoptions
1. Consent Of The Child
In Texas, a child 12 years or older must consent to the adoption unless the court waives this requirement due to special circumstances. We help prepare both parents and children for this step.
2. Name Change Requests
If you want to change the child’s legal name as part of the adoption, this must be included in the petition. We handle name change requests as part of your full-service adoption representation.
3. Access To Birth Records
Once the adoption is finalized, a new birth certificate is issued, listing the adoptive parents. Access to original birth records may be restricted, especially in closed adoptions. We explain your rights regarding sealed records.
4. Closed Versus Open Adoptions
In a closed adoption, a third party facilitates the process, and the birth and adoptive parents do not meet or know each other’s identities. These adoptions are uncommon in Texas but typical in international cases. Records are sealed to ensure anonymity. At age 18, an adopted person can join Texas’s Voluntary Central Adoption Registry to connect with birth relatives who have also registered.
Most Texas adoptions are open. In these cases, birth parents usually choose the adoptive family and may maintain contact after the adoption, including sharing photos or arranging visits. Open adoptions allow for medical history sharing and continued relationships, though some adoptive parents may worry about boundaries with birth parents.
Semi-closed adoptions offer limited information exchange through an agency, without direct contact between the parties.
Frequently Asked Questions
Can I adopt a stepchild without the other parent’s consent?
How long does adoption take in Texas?
What does adoption cost?
Can same-sex couples adopt in Texas?
Why Work With Griffin & Cain, Attorneys at Law, PC?
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