Preserving Families

And Protecting Assets

mother and two kids walking at sunset

Family law: Can a same-sex couple adopt a child in Texas?

Societal outlooks have changed drastically over the last four decades or so. Families are no longer relegated to a mom and dad and their kids. Today, same-sex couples in Texas can marry, and they can also start a family through the adoption process due to family law rules that speak to the issue. Whether a couple is heterosexual or same-sex, a family court judge uses three markers before finalizing an adoption.

What a judge wants to know

A judge will makes decisions based on what he or she believes is in the best interests of a child. A family court judge will ask these questions:

  • Are the prospective parents U.S. citizens or permanent residents and at least 21 years old?
  • Do the prospective parents earn enough money to see to the needs of the child, which includes proper shelter, food, water, medical care, etc.?
  • Are the prospective parents mentally stable and able to properly care for a child?

Fair evaluation

Same-sex adoption is legal in Texas, but there may be judges who don’t think it’s in the best interests of the child to have same-sex parents. Family law can help LGBTQ couples or prospective single parents to find judges who will fairly evaluate families. Even with having a fair judge, there are many steps to take before an adoption becomes final. For instance, in Texas, the biological parents of a child are the official parents of the child. Paperwork must be signed to have that changed.

There are so many confusing aspects to adoption in Texas. Same-sex couples thinking of expanding their families through adoption might want to seek legal advice from an experienced family law attorney. A lawyer can explain everything a couple needs to know about the legalities of same-sex adoption and how it may affect their personal situation.