Adult Adoption in Texas
In Texas, an adult who is a Texas resident may petition the court to adopt another adult. One Texas Court of Appeals has held that the adult adoption provisions of the Family Code appear to exist largely, if not entirely, for the purpose of creating heirship in non-family members for inheritance purposes. But oftentimes, adult adoptions occur to formalize strong familial ties between adults who are not biologically related (e.g., a stepparent adoption that was not possible or could not move forward while the adoptee was a minor). Adult adoption is relatively simple.
The petition is filed in the petitioner's county of residence in the district court or statutory county court with family law jurisdiction.
If the petitioner is married, both spouses must petition the court for the adoption.
The prospective adoptee has to consent in writing to be adopted by the petitioner.
The petitioner and prospective adoptee have to attend a hearing before the court, unless the court finds good cause for the petitioner's or prospective adoptee's absence and waives the attendance requirement.
Provided that the above requirements are met, the court must enter an order granting the adoption. In cases where spouses are joined in a petition, the court may grant the adoption to both spouses or to only one spouse. Upon entry of the adoption order, the adoptee has equal footing as any biological child of the petitioner. The adoptee is entitled to inherit from the petitioner as a biological child. However, the adoptee would no longer be able to inherit from his or her biological parents. Additionally, a biological parent would no longer be able to inherit from the adoptee.
If you are interested in, or have clarifying questions about, adult adoption, please schedule a consultation today. Do not rely on this post as legal advice. This post does not create an attorney-client relationship between the Firm and the reader. Do not act in reliance on the contents of this post without seeking the advice of counsel.