Who can file a case for an adult adoption in Texas?

There is no adult in Texas who is not able to file for the adoption of another adult in our state. Two specific requirements must be in place for the adoption to move forward, however. The first is that you must reside in Texas. The second is that the adult that you are seeking to adopt must consent to be adopted by you. If you can show a judge that both of these conditions are met, you can probably get the adoption to occur.

Where does an adult adoption case get filed?

Depending on the county in Texas in which you reside, you would file the adult adoption case in either the district court of that county or in whichever court is designated to be able to hear family law cases. If not a district court, then it would likely be a county court or county court at law that would hear your adoption petition. The title of the document that you would be filing is called an Original Petition for Adoption of an Adult.

When you file a case what sort of fees and/or costs are involved?

There is a filing fee associated with filing any sort of civil case in the county where you reside. The fees are usually posted on the district clerk’s website or on the website of the clerk of the court in which your case is being filed. If you lack the resources necessary to pay for the fees associated with your adult adoption case then you can file a request with the judge to have those fees waived. You will need to prove that you are unable to afford the costs by filling out paperwork with the court.

What does it mean to be a petitioner in an adult adoption case?

Since you are the party who is asking the court for something, you are called the “petitioner.” To petition for something means to ask for something in legal-lingo. You are requesting that the court extends to you some relief in a particular area of your life. The petition for adoption of an adult is the document in which you are formally asking the judge for your requested relief. If you are married then your spouse will need to be listed as a petitioner as well.

What does it mean to be a respondent in an adult adoption case?

As opposed to most family law cases in Texas, there does not need to be any respondent listed in your petition to adopt an adult. The person that you are seeking to adopt is an adult and as such, there is no requirement under the law to give notice of the adoption to the person’s biological parents or to bring in the adult’s biological parents as parties to the case.

If you have read any of our blog posts on the subject of adoption, you likely know that in order to adopt a child in Texas, that child’s mother and father must have had their parental rights terminated. That is only the case when you are attempting to adopt a minor child. In the event that you are attempting to adopt an adult, you do not need to have first terminated the parental rights of that adult’s parents.

Is there such a thing as an involuntary adoption of an adult?

A child can be adopted against their wishes if a judge determines that it is in the best interests of that child for the adoption to proceed. When it comes to adopting an adult, however, no such result is possible. As you may have already imagined, you cannot adopt an adult human being (no matter how generous your intentions are) against that person’s will. You must have first (theoretically) had a conversation with that adult and gotten their consent to your adoption of him or her. Your adopted adult-child must manifest their consent to your adoption via a written document filed with the court.

How much court time (if any) needs to be logged in an adult adoption case?

You and the adult that you seek to adopt will have a duty to attend at least one court date for your case. There are circumstances that (in theory) could justify either you or the adult-adoptee to not be able to attend a hearing. You would need to file a motion to not appear in person for any hearing in your case. The judge would need to find that you have good cause to not be present in order to excuse your absence.

What actually happens in an adult adoption case?

In an adult adoption case, the adult that you seek to adopt will be named as your son or daughter, just as if he or she had been your son or daughter since birth. Your new child would have the right to inherit from you upon your death whether or not you have a will naming that child as a beneficiary of yours. Your child would likely not be able to inherit anything from their former parent’s estate. You may also request to have your adopted adult-child’s name changed. Importantly, adopting an adult does not mean that you will be impacting that person’s immigration status.

A judge will not automatically approve of your request to adopt an adult. If the judge believes that the adoption is being requested in order for the adult adoptee to avoid paying a debt or that the adoption is moving forward because either you or the adult-child is not able to voice dissent to the adoption.

Why would you want to adopt an adult in Texas?

This is the main question that comes to my mind that most people would want to know when it comes to this subject. Adopting a child makes sense on a lot of levels. Children need guidance. Children need to be provided for. Children need someone to help them get an education. Adults have (theoretically) finished up with school, have jobs and have means by which they can care for themselves.

Who can file for an adult adoption in Texas?