Texas allows adults to be adopted by mutual consent — formalizing bonds that may have existed for decades and conferring full legal recognition on a cherished relationship.
Unlike many states that restrict adoption to minors, Texas Family Code Chapter 162 expressly permits the adoption of an adult, provided both parties consent. This makes Texas one of the more accessible states for adult adoption, and it is a legal option that more families are turning to than many people realize.
Adult adoption can carry profound emotional significance — the formal acknowledgment, in the eyes of the law, of a parent-child bond that has been real in every other sense for years. It can also have meaningful practical consequences, including inheritance rights and the legal ability to change names.
Texas Family Code § 162.501 et seq. governs adult adoption. The key requirements are:
There is no minimum or maximum age difference required between the petitioner and the person to be adopted — an older sibling could legally adopt a younger adult sibling, for example, though the practical circumstances in which this makes sense are limited.
Adult adoption is sought for many different reasons, and no one reason is more valid than another. Common motivations include:
Adult adoption creates a legal parent-child relationship that carries full intestate inheritance rights. If a stepparent wants to ensure their adult stepchild inherits as a biological child would — including from the stepparent's family — adoption provides that legal certainty in a way that wills alone cannot always guarantee.
Some families have a stepparent or adoptive figure who raised a child from infancy but whose parental relationship was never formally recognized. Adult adoption allows that person — and the adult child — to make the relationship legally official at any age.
Adoption is one of the legal mechanisms by which an adult can change their surname to match their adoptive parent's family name. Some adults seek adoption specifically to take the family name they feel is rightfully theirs.
A stepparent who raised a child from a young age, a foster parent who maintained a lifelong relationship, or a mentor who became family — adult adoption allows the law to catch up with what has always been emotionally true.
Adult adoption in Texas is significantly simpler than minor adoption. Because both parties are adults who can speak for themselves and give informed consent, many of the protective procedures that apply to child adoptions — home studies, post-placement periods, guardian ad litem appointments — are generally not required.
An attorney files the original petition in district court. The petition identifies the petitioner, the adult to be adopted, and includes the required consent documents.
Both the petitioner and the person to be adopted sign written consent forms. If the petitioner is married, the spouse also executes a consent. These are filed with the court.
An adoption hearing is scheduled. Both parties typically appear before the judge. The hearing is brief for uncontested cases — the judge reviews the file and, if all requirements are met, signs the Decree of Adoption.
The decree may include a legal name change for the adopted adult. Following entry of the decree, the adopted adult can update their records — Social Security, driver's license, and other documents — using the certified copy of the decree.
Unlike adoptions of minors, adult adoption does not require a home study under Texas law. There is no mandatory investigation of the petitioner's home environment, background check process, or post-placement supervision period. The process is driven by the informed, voluntary consent of both adult parties.
The court still has discretion to conduct whatever inquiry it deems appropriate, and may ask questions at the hearing. But the elaborate procedural protections that surround child adoption are not required for adult adoption.
This is an important question. Unlike minor adoption, adult adoption in Texas does not automatically terminate the adult's relationship with their biological parents. The adult retains their existing family relationships — biological parents, siblings, and extended family — while also gaining the legal parent-child relationship with the adoptive parent.
However, the adoption does create a legal parent-child relationship for inheritance purposes, which can have implications for the estates of the adoptive parent and their family. Anyone considering adult adoption for estate planning purposes should consult both a family law attorney and an estate planning attorney to understand the full implications.
Normally, the petitioner's spouse must consent to the adoption. However, the court may waive the spouse's consent requirement for good cause. What constitutes good cause is fact-specific and evaluated by the judge.
Adult adoption creates a new legal parent-child relationship for inheritance purposes, but in Texas it does not automatically sever the adoptee's legal relationship with biological parents (unlike minor adoption). The practical inheritance implications depend on the specific wills, trusts, and laws of intestacy at issue. We strongly recommend also working with an estate planning attorney when adult adoption is partly motivated by inheritance planning.
Adult adoption is one of the faster legal processes in family law. Once the petition and consent documents are filed, scheduling an adoption hearing is typically a matter of weeks. The entire process from filing to decree can often be completed in 4–8 weeks, depending on court scheduling. There is no mandatory waiting period between filing and the hearing.
Yes. Because adult adoption does not require termination of the biological parents' rights, the biological parents' consent is not required (unless they are the petitioner's spouse). Only the adult to be adopted and the petitioning adoptive parent must consent.
If you and your family are ready to formalize a bond that has been real for years, Lynda Landers can guide you through adult adoption with efficiency and care.
Schedule a Consultation Call (972) 529-5707