Modern Family logo

Book a Consultation Today!


Families Grow
In Texas


Families Grow
In Texas


Modern Family Law's Texas adoption lawyers are dedicated to assisting clients who are eager to welcome a new child into their family. The adoption journey can be intricate and laden with legal hurdles, but our seasoned Texas adoption attorneys are committed to smoothing the path for prospective adoptive parents every step of the way. Our team provides expert legal counsel and representation in critical matters, including the termination of biological parental rights, securing consents from birth parents, and successfully completing the adoption in the judicial system.

Our skilled lawyers also offer support with home assessments, coordinating with adoption agencies, and handling international adoptions. MFL's Texas adoption attorneys are well-versed in steering clients through the state's legal maze, ensuring the adoption process adheres to both a timely and principled approach. Discover more about adopting in Texas here, including:

collaborative divorce

Our experienced Texas adoption lawyers are committed to empowering you to shape your family's destiny. They stand ready to guide you through the adoption landscape. If you're contemplating adoption in Texas, seeking advice from a knowledgeable adoption lawyer is an essential step towards fulfilling your dream of expanding your family through adoption.


In Texas, prospective parents have several adoption avenues to pursue when they decide to grow their family. These pathways include adoption through the foster care system, international adoption, and private domestic adoption.

Adopting from foster care is a frequently chosen path in Texas. This route involves welcoming a child who has been separated from their birth family for reasons such as abuse, neglect, or other complications. The children awaiting adoption in foster care span all ages, from newborns to teens, and encompass diverse ethnic and cultural backgrounds. Adoptive parents working with the Texas foster care system are carefully matched with a child to ensure compatibility, and following the adoption, they receive financial support and additional resources to facilitate the child's upbringing.

International adoption offers another viable option within Texas. This process entails adopting a child from a different country, which requires collaboration with an agency certified in international adoption proceedings. Adoptive parents must navigate the legalities of both the United States and the child’s home country. Although international adoption may be more complex and expensive, it provides a unique opportunity to give a child from abroad a loving and permanent home.

adoption in Texas

Private domestic adoption is also accessible in Texas. This method involves adopting a newborn or a child from within the United States through a private agency. Birth parents considering adoption often work with these agencies to identify a suitable adoptive family that aligns with their preferences. While typically more expensive than foster care adoption, private domestic adoption affords a more personalized adoption experience, giving both birth and adoptive parents greater influence over the process.


In Texas, the statutes governing adoption eligibility are clear and inclusive, as delineated in the Texas Family Code, § 162.001 et seq. The law permits any adult to adopt, with the provision that married individuals must have the approval of their spouse, according to § 162.002(b). Additionally, the consent of children aged 12 or older is required for their adoption, in line with § 162.010(a).

The process also involves a six-month preparatory residency period before the adoption is finalized, as outlined in § 162.009. This ensures that both the child and the adoptive family are ready for the permanent change.

Yet, Texas law does impose certain restrictions to protect the welfare of children. Individuals convicted of certain felonies, particularly those related to child harm or violence, are barred from adopting, as per § 162.001(b). Such regulations are a testament to Texas's commitment to providing safe and stable homes for children in need of a family.

The state's rigorous yet thoughtful approach aims to ensure that every adoption serves the best interest of the child, establishing a lifelong bond of family and love. By requiring thorough background checks and legal clearances, Texas underscores its dedication to creating nurturing and secure environments for its most vulnerable citizens through adoption.

A child residing in Texas may be adopted if:

(1) the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;

(2) the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;

(3) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child’s former stepparent, and the nonterminated parent consents to the adoption; or

(4) the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child’s former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.


Texas Family Code § 162.001


Embarking on the journey of adoption in Texas is a life-changing decision that involves several critical steps. The process is designed to ensure the safety and well-being of the child while also preparing you for the joys and responsibilities of parenthood. Below is a clear, step-by-step guide that outlines each stage of the adoption process, from initial legal considerations to the finalization of your new family unit:

1. Contact An Adoption Attorney: Consult and retain an attorney skilled in family law to guide you through the legalities of adoption.

2. File a Petition for Adoption: With your attorney’s help, formally file the necessary legal paperwork to begin the adoption process in court.

3. Adoption Home Study: A caseworker, assigned post-petition, will conduct a home study, requiring various documents, consent forms, and fingerprints as per the Texas Family Code.

4.  Schedule Home Visit/Interview: Arrange for the caseworker to visit when all household members are present.

5. Complete Preliminary Tasks: During the wait before the caseworker’s visit, fulfill requirements like health checks, pet vaccination updates, and gathering of necessary documents.

6. Home Study Evaluation: The caseworker will assess your home environment and suitability for child placement through interviews and home visits.

7.  Review and Submit the Caseworker’s Report: Examine the caseworker’s report for accuracy, make corrections, and submit it to the court.

8. Finalize the Adoption: Attend a court hearing where the judge finalizes the adoption, legally acknowledging the child as a member of your family, and obtain a new birth certificate.

With these steps, you'll navigate the adoption process confidently, culminating in the joyful moment when you can officially welcome your child into their forever home.


Ellie AdamsEllie Adams
03:17 23 Oct 23
Jasmine was incredibly friendly and knowledgeable, and was willing to answer any questions that I had about my situation during our call.
CTX Knights BasketballCTX Knights Basketball
19:36 17 Oct 23
Clare and Danika at Modern Family law were great! They was thorough, they were fast and they were on top of it. They also made sure to help educate me in areas that may have not been as clear to me going in. I would highly recommend them. They are true advocates for father’s rights.
Tarig AlkhazinTarig Alkhazin
19:24 09 Oct 23
Cory BluemlingCory Bluemling
18:50 05 Oct 23
lesliberi macedolesliberi macedo
18:43 27 Sep 23
I have the best attorney and paralegal Erica and Danika very professional
Amanda Le VeaAmanda Le Vea
20:32 05 Jul 23
Clare Mattione was my lawyer and my experience with her and her team was amazing. They are all very professional, honest and flexible. Clare really handled my case with care and dignity. I felt very taken care of with her as my lawyer.
Fredrick MorrisFredrick Morris
00:55 27 Jun 23
I thoroughly enjoyed my experience working with Austin Modern Family Law firm team to work through court cases that I needed handled. I retained Clare Mattione through a prior firm and I was so pleased with her professionalism and expertise that I continued to retain her services while she transitioned to her new firm, Modern Family Law. Clare was clear, concise, and provided timely communication during the course of about a two-year trial. Clare met my needs, provided guidance and navigated the legal field with expertise.Danika Moran was also very helpful with filing and requesting documents and communications during the trial. Everything was handled in a timely manner and with the utmost professionalism.Overall I was throughly pleased with my experience and would highly recommended the Austin Modern Family Law Firm & would once again like to thank Clare for representing my family and I during our case.
Yuli VillaYuli Villa
23:29 07 Jun 23
When looking for a law firm that could help with the case of my siblings and I, I didn’t really know where to look. As soon as I reached out to the Modern Family Firm I was greeted by my lawyer Jasmine Bhatt, she right away made me feel understood and welcomed. My lawyer and her paralegal Danika Moran made the process of my case very stress free. I appreciate all their help and definitely recommend them to anyone that needs help with family cases! 😊
Keara RileyKeara Riley
18:21 10 May 23
My attorney Clare Mattione was fantastic. She is very knowledgeable and definitely knew the law as it pertained to my case . When I had questions she answered them promptly and made sure I understood each point before moving on. Extremely professional but also very understanding and compassionate toward my situation. It was a slow moving case but Clare made sure to keep things moving forward and always kept me up to date on the status of my case. She worked with Danika Moran, who was equally amazing, and handled my case with care. We just wrapped it up and I could not have been happier with the team and experience I had with both of them. Would absolutely recommend Clare to anyone in need of her services.
John Mark Strahan (JM)John Mark Strahan (JM)
20:26 20 Jul 22
J. and Jessica were kind, compassionate, and caring. I was 100% comfortable discussing my situation and they made me feel safe. While I hope not many people have to go through the pain of a divorce, these folks are great if you have to!
Ikenna NwakanmaIkenna Nwakanma
17:52 19 Jun 22
Working with J. Riggs at Modern Family Law during my divorce was a blessing. We never met in person but that didn't prevent us from connecting in a way that made me feel that he was looking out for my interest and not just going along the process in a cookie cutter way. They explained the steps of what to expect before and as it was taking place and really made the divorce as stress free as you can get when going through a divorce. Thank you J!
Lisa RhodesLisa Rhodes
02:45 14 May 22
My Attorneys are like Family. They listen to me their Client. They make a challenging matter a little easier. They do understand. J and Jessica are very professional.
E RoseE Rose
16:25 12 May 22
Went through a messy divorce and Clare was able to get a good amount of my possessions back including my vital documents like birth certificate and SSN card which he had refused to give back. It wasn’t a fun process but I was very pleased with her help! Clare was very attentive to my needs, guided me through the court process, and helped me set realistic expectations for outcomes. Thank you again.
JD GipsonJD Gipson
16:35 02 May 22
J. and the team were really great to deal with! He was super responsive anytime I had any questions and easy to get a hold of. Dealing with lawyers is generally never a fun thing to do, but J. made the experience pleasant and I really felt like I was in good hands. Thank you again!
Ashley HernandezAshley Hernandez
17:02 18 Jan 22
Going through a divorce and custody was not fun but J. got me through it. The whole team was responsive and knowledgeable about how the custody process worked and what I needed to do to get custody of my children. My first attorney (different law firm) charged a low retainer, so I thought I was getting a deal, but they quit on me when a bigger case came along! Modern Family Law was experienced and they were up front with me about costs and what I should expect from them. For the experience they gave and how responsive they were, they were worth every penny!!


How Much Does It Cost To Adopt A Child In Texas?

In Texas, the financial commitment for adopting a child encompasses a wide spectrum, depending on the adoption method and the complexity of the individual case. Adoption costs can start at virtually nothing and extend up to $40,000. State-run adoption programs, such as those for children in foster care, often present the most affordable option, with fees usually ranging between $300 to $400. In contrast, the route of private adoption generally incurs higher costs, frequently surpassing $20,000, attributable to the comprehensive services provided by adoption agencies, including legal work and, at times, medical care for the expectant mother.

The adoption of older children typically incurs lower expenses, primarily for processing and associated services, often just several hundred dollars. However, the financial outlay for adopting a newborn is markedly steeper, with costs varying from $40,000 to $45,000 or more, particularly when dealing with complex adoptions.

Those considering adoption should thus explore the array of financial assistance options such as tax credits, grants, and subsidies. These resources are in place to help mitigate the costs and make the adoption process more accessible for a variety of family situations.

What Will Disqualify You From Adopting A Child In Texas?

In Texas, adoption eligibility is carefully evaluated. Criminal records are reviewed, with misdemeanors warranting scrutiny based on their nature and relevance to child welfare. Felonies, especially those against children or involving violence, may preclude adoption unless time has lapsed and rehabilitation is evident.

The medical conditions of applicants are examined, with serious, unmanaged health issues possibly affecting eligibility. Financial stability is necessary to demonstrate the capacity to provide for a child. A history of violence, particularly abuse, is a critical concern. Home and safety inspections must be passed, and any indication of risk to the child during the home study may disqualify a potential adopter.

How Long Does It Take To Adopt A Child In Texas?

The time it takes to adopt a child in Texas is influenced by various factors, including the adoption type, personal choices, and unpredictable elements. Typically, the average wait time hovers around one year, but this can vary greatly based on individual cases.

For private domestic infant adoptions, the process encompasses initial screening, a home study taking 2-3 months, matching with a birth mother (timing varies), and then placement, post-placement activities, leading to legal finalization about six months after placement, averaging a total of 12 months.

Foster care adoptions involve a similar initial phase of screening and home study, usually around six months, followed by placement matching (often within a year), and a variable waiting period for adoption finalization, ranging from 6 to 12 months.

Simpler adoption cases like stepparent or adult adoptions take less time, whereas international adoptions can extend over several years due to complex international laws and policies.

Can Biological Parents Revoke An Adoption In Texas?

In Texas, the law allows birth parents a defined window to retract their adoption consent, specifically within 10 days of providing it. Beyond this period, consent is typically unchangeable, except in rare cases like consent obtained under fraud or duress.

The irreversible nature of adoption is upheld after it’s legally finalized, with a brief interval immediately following the completion for birth parents to reverse their decision through a waiver. This provision underscores the seriousness of the adoption decision and offers birth parents a limited time for reconsideration.

These regulations aim to strike a balance between the rights of the birth parents and the need for a stable, permanent environment for the child, ensuring the child’s welfare is prioritized in the adoption process.



8701 N Mopac Expy STE 105,
Austin, TX 78759

(737) 257-5500


7557 Rambler Rd #965,
Dallas, TX 75231

(214) 365-2513


70 NE Interstate 410 Loop #700,
San Antonio, TX 78216

(726) 204-4386


Our experienced family attorneys in Texas
work with families looking to expand through adoption.
Reach out today and let our experienced attorneys help you grow you family.

Schedule A FREE