Adoption in The Woodlands is governed by Texas Family Code Chapters 161 and 162 and involves a detailed legal process that requires terminating parental rights, completing a home study, meeting eligibility requirements, and appearing before a judge for finalization. Whether you are adopting through foster care, privately, as a stepparent, or as a relative, each type of adoption carries its own steps, requirements, and timelines.
Families in The Woodlands often navigate a complex mix of legal, emotional, and procedural challenges—and working with an experienced family law attorney can help ensure the process complies with Texas law and protects the child’s best interests.
Understanding Adoption in The Woodlands
Adoption is one of the most meaningful and permanent legal steps a family can take. In The Woodlands and across Texas, adoption legally transfers all parental rights and responsibilities from the biological parents to the adoptive parent or parents. Once finalized, the adoptive parents become the child’s legal parents in every way—responsible for care, custody, support, and decision-making.
Texas law sets out this framework through the Texas Family Code, which governs who may adopt, how parental rights may be terminated, what evaluations must be completed, and the procedures for finalizing an adoption in court. In The Woodlands, adoption cases typically go through courts in Montgomery County or, depending on residency or jurisdiction, Harris County.
Families turn to adoption in many circumstances—creating families through private adoption, expanding blended families through stepparent adoption, providing permanency through foster care adoption, strengthening kinship ties through relative adoption, or solidifying parent-child relationships in adult adoption. Every situation is unique, but the legal foundations remain grounded in protecting the child’s best interests and ensuring the process meets statutory requirements.
The Legal Foundation: Texas Family Code Chapters 161 and 162
To understand how adoption works in The Woodlands, it helps to look briefly at the two primary sections of the Texas Family Code that control the process.
Chapter 161 – Termination of Parental Rights
Most child adoptions begin with terminating the rights of the biological parent or parents. Termination can be:
- Voluntary, when a parent signs an affidavit relinquishing rights under strict statutory requirements, or
- Involuntary, when the court finds legally sufficient grounds—such as abandonment, abuse, or neglect—and determines that termination is in the child’s best interest.
Termination is considered a serious and permanent step, and strict procedures must be followed before an adoption can move forward.
Chapter 162 – Adoption
This chapter outlines:
- Who may adopt
- Who may be adopted
- Home study requirements
- Post-placement supervision
- Court procedures for final adoption
- Rules for agency, private, and stepparent adoption
- Rules for adult adoption
These chapters form the legal roadmap that every adoption case in The Woodlands must follow.
Who Can Adopt in The Woodlands?
Texas permits a wide range of individuals and families to adopt, provided they meet the statutory requirements. Eligibility is based on demonstrating readiness, stability, and the ability to provide a safe home.
You may be eligible to adopt if you:
- Are at least 21 years old
- Are financially stable and able to support a child
- Can provide references and required documents
- Agree to background checks, including criminal and abuse/neglect history
- Participate in a home study (required for most adoptions)
- Complete any required training for foster-to-adopt placements
Both married couples and single adults may adopt. Same-sex married couples are also eligible under Texas law.
Because each case is unique, the court will ultimately determine eligibility and grant or deny the adoption based on the child’s best interest.
Who Can Be Adopted?
Under Texas Family Code §162.001, a child may be adopted when:
- The parent-child relationship has been terminated for each parent, OR
- A termination case is filed at the same time as the adoption, OR
- One biological parent remains and the petitioner is seeking stepparent adoption
Texas also allows adult adoption, which does not require termination of parental rights but does require consent from the adult being adopted.
Common Types of Adoption in The Woodlands
Families pursue adoption for many reasons, and Morgan Bourque Attorney at Law works with clients across a wide range of adoption situations. While adoption laws apply statewide, here’s how the most common types of adoption show up for families in The Woodlands.
1. Private Domestic Adoption
Private adoption involves a birth parent voluntarily placing a child with adoptive parents, typically through:
- A licensed Texas adoption agency
- A private adoption arrangement facilitated by an attorney
- A combination of agency and independent placement
Even with private arrangements, adoptive parents must complete:
- Termination of parental rights
- A licensed home study
- Criminal and abuse/neglect background checks
- Texas residency requirements or interstate placement approvals if needed
Private adoptions can move more quickly than foster-care adoptions but require careful compliance with state law, especially regarding relinquishment documents, pre-birth agreements, and post-birth consent requirements.
2. Foster Care Adoption
Many families in The Woodlands choose to adopt children through the Texas Department of Family and Protective Services (DFPS). Children in these situations are often:
- Already in foster care
- Unable to return to their biological parents
- In need of a safe and permanent family placement
Adopting from foster care typically involves:
- Meeting foster-care training requirements
- Undergoing a home study
- Completing background checks
- Participating in post-placement supervision
- Working closely with DFPS caseworkers
Foster care adoption may involve shorter legal timelines once parental rights have been terminated, but the process varies from case to case.
3. Stepparent Adoption
Stepparent adoption is one of the most common forms of adoption in The Woodlands. In these cases, a spouse seeks to adopt their partner’s child to establish full parental rights.
Stepparent adoptions typically require:
- Termination of the other biological parent’s rights (voluntary or involuntary)
- A six-month residency period where the child lives with the stepparent, unless waived
- Background checks
- Consent from children age 12 or older
Once finalized, the stepparent becomes the child’s legal parent in all respects.
4. Relative or Kinship Adoption
Kinship adoption strengthens family ties by allowing relatives—such as grandparents, siblings, aunts, or uncles—to adopt when the biological parents cannot care for the child.
These cases often involve:
- Termination of parental rights
- A home study, except in some limited circumstances
- Evidence showing the relative’s ability to care permanently for the child
Courts often view kinship placements favorably because they preserve a child’s family connections and sense of identity.
5. Adult Adoption
Adult adoption is used to formally recognize long-term relationships, including stepchildren who were raised by a stepparent but never formally adopted as minors.
Adult adoption requires:
- Consent from the adult being adopted
- A petition filed in the appropriate court
- A valid reason, such as inheritance, emotional bonds, or family unity
No termination of parental rights is required since the adoptee is legally an adult.
Understanding the Safe Haven (Baby Moses) Law in The Woodlands
Texas’ Safe Haven law allows a parent to surrender an unharmed newborn who is 60 days old or younger at a designated location—such as a hospital or fire station. In 2025, The Woodlands opened its first Safe Haven Baby Box at Fire Station Six, providing a private, climate-controlled mechanism for parents in crisis.
Once surrendered:
- DFPS takes custody of the baby
- The infant receives medical evaluation and protective care
- The state initiates legal steps leading toward termination and eventual adoption
While Safe Haven situations are unique, they create adoption opportunities for families who wish to adopt infants through the state system.
The Adoption Process in The Woodlands: What to Expect
Even though every adoption is different, most follow the same broad process under Texas law.
Step 1: Termination of Parental Rights (If Required)
For a child to be adopted, parental rights must be terminated. A parent may:
- Sign a voluntary affidavit relinquishing rights, or
- Have their rights terminated involuntarily if the court finds legally sufficient grounds
Termination involves strict procedures and high evidentiary standards.
Step 2: Filing the Adoption Petition
The adoptive parent files a petition in the appropriate court—often Montgomery County if the family lives in The Woodlands.
The petition outlines:
- Information about the child
- Information about the adoptive parent(s)
- Whether termination is complete or is being sought
- The legal basis for the adoption
Step 3: Home Study and Evaluation
A home study is an evaluation performed by a licensed evaluator who examines:
- The home environment
- Family relationships
- Health and financial readiness
- Background checks
- Interviews and observations
A positive home study is required in most private, foster, and kinship adoptions.
Step 4: Post-Placement Supervision
Some adoptions require the child to live with the adopting family for at least six months before finalization. During this time, the evaluator may conduct follow-up visits and prepare a report for the court.
Step 5: Finalization Hearing
Once statutory requirements are met, the case proceeds to a final hearing. During this proceeding, the judge reviews:
- The home study
- Evidence supporting termination
- Any required consents
- Whether the adoption is in the child’s best interest
If approved, the judge signs the Decree of Adoption, and a new birth certificate is issued naming the adoptive parent or parents.
Challenges Families Often Face in Adoption
Families in The Woodlands frequently encounter questions such as:
- How long will the process take?
- What if a biological parent contests termination?
- What are the rights of birth parents in private adoption?
- How do open and closed adoptions differ?
- What if the adoptive family and birth parents want post-adoption contact?
Each of these concerns depends heavily on the specific facts of the case and the type of adoption pursued.
How Morgan Bourque Attorney at Law Supports Families Through Adoption
Adoption is not only a legal process—it is an emotional journey. At Morgan Bourque Attorney at Law, families receive guidance rooted in experience, compassion, and a deep understanding of Texas adoption law.
The firm represents clients across a broad range of adoption matters, including:
- Stepparent adoptions
- Relative and kinship adoptions
- Private agency and independent adoptions
- Termination and adoption suits filed together
- Adult adoptions
- Contested adoption matters
- Adoption-related court hearings and evaluations
With offices dedicated to serving The Woodlands community, the firm provides informed representation grounded in the belief that every child deserves a safe, stable, and loving home.
Conclusion
Adoption is one of the most fulfilling paths a family can take, but it is also a legally complex process that requires careful compliance with Texas law. From termination of parental rights to home studies, evaluations, and final hearings, every step plays an essential role in ensuring the child’s best interests are met.
If you are considering adoption in The Woodlands or have questions about where to begin, Morgan Bourque Attorney at Law can help you navigate each stage with clarity and confidence.
To discuss your situation or schedule a consultation, contact the firm directly at
(713) 766-6001 or through the contact page.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.