Adopting a child is a special moment for any family. If you are an active member of the military or a military spouse, you might worry about extra challenges—like being stationed far away, traveling often, or needing to prove that military life will still offer a stable home. Fortunately, Texas law makes it clear that your military status cannot be used against you in the adoption process.
Below, we will walk through some of the most important details you should know about adoption in Texas, especially if you or your spouse serve in the armed forces. If you have further questions about your unique situation, Texas family lawyer Justin Cook at The Cook Law Firm & Associates PLLC can help guide you.
What Are Some Concerns Military Families Have About Adoption?
Military families often move from base to base. This constant relocation might raise concerns about meeting residency rules in Texas or showing that you have a steady home environment. You might also worry that judges will see your deployment history or upcoming moves as signs of instability.
However, Sec. 162.0025 of the Texas Family Code says you cannot be treated negatively just because you serve in the armed forces (including the Texas National Guard, another state’s National Guard, or a reserve component). In other words, your service to your country should never keep you from growing your family through adoption.
Who Is Allowed to Adopt in Texas?
Under Sec. 162.001, almost anyone can adopt a child as long as they meet certain conditions—this includes single people, married couples, and stepparents. The child must be legally free for adoption, which usually involves ending the parental rights of both birth parents, unless you are doing a stepparent adoption (where one parent is still active and wants their spouse to adopt).
Texas also requires that you file your adoption case in the proper court. If you are on active duty and stationed in Texas (or if your spouse or partner meets the Texas residency rules), you can still adopt here. The usual requirement is that you or your spouse must have lived in Texas for six months and in the same county for 90 days before filing the adoption paperwork. Sometimes, if you left Texas for military service but always meant to return, you may still be considered a Texas resident.
Does Your Military Status Affect Your Eligibility to Adopt a Child in Texas?
According to Sec. 162.0025, the law says judges and adoption evaluators cannot count your military background against you. They cannot say, “We will not allow this adoption because the petitioner is in the military.” Instead, they must treat your file just like any other prospective adoptive parent’s. This helps ensure you get a fair shot at building your family, regardless of deployments or transfers.
That said, a judge will still want to see that you have a stable and loving home. Being in the military does not automatically guarantee approval, but it is also not a strike against you. You will go through background checks, home studies, and the usual processes, just like every other family.
What Are the General Adoption Requirements in Texas?
Aside from your military status, you must follow the regular rules for adoption in Texas. Sec. 162.002 mentions some of these prerequisites:
- Both Spouses Must Join: If you are married, your spouse must be part of the adoption case. You cannot adopt a child in Texas without your spouse also signing on, even if that spouse is overseas with the military. There are rare exceptions where a court might waive this, but usually both spouses participate.
- Verified Compliance: You must include a statement in your petition saying you have followed the legal procedures (listed in Subchapter B) or explaining why you could not follow them. This helps the court see that your adoption paperwork is in order.
- Child Status: 162.001 sets out that the child must be free for adoption, meaning the birth parents have lost or given up their parental rights, or that you meet certain conditions for stepparent adoption (such as one birth parent being deceased or having no legal rights to the child).
Does the Child Need to Consent to the Adoption?
If the child is 12 or older, then Sec. 162.010 says the child typically must sign a written consent. However, the court can waive this rule if it believes that the child’s refusal is not in their best interest.
For example, if the child is scared or upset due to misinformation, the judge can decide to proceed without the child’s signature. But in most cases, older children do have a say in whether they want to be adopted.
This requirement applies to all families, military or not. It is part of making sure the child’s feelings and preferences are respected during such an important life change.
Do I Need the Consent of a Managing Conservator or Birth Parent to Adopt a Child in Texas?
If the child has a managing conservator (a person appointed by the court to care for the child), that conservator’s written consent is typically needed. But the court can waive this if the managing conservator refuses or revokes consent without a good reason.
Likewise, if you are married to the child’s parent, that parent must join in the adoption petition, but you do not need further consent from them—they are already part of the process. This step is often relevant in stepparent adoptions, where one spouse is the birth parent and the other spouse is adopting.
Can You Adopt a Child in Texas if You Are Deployed Overseas?
One unique challenge for military families is deployment. If you are stationed abroad, can you still adopt in Texas? Generally, yes. The biggest hurdle might be attending hearings or completing the required home study while you are far away. However, the law and courts often make allowances for service members.
You may be able to:
- Appear by video for some parts of the process (depending on the court’s rules).
- Have your spouse represent you if both of you are adopting, though you might still need to provide additional forms or affidavits.
- Request a scheduling arrangement that accommodates your deployment, so you have time to gather the necessary documents and handle your obligations stateside.
The key is to communicate your situation with your attorney and the court. This ensures the judge knows why you cannot appear in person and can make other arrangements.
How Can Military Families Prepare for the Texas Adoption Process?
Below is a list of steps you can consider to make the Texas adoption process smoother:
- Check Residency Requirements: Confirm that you meet Texas’ six-month residency rule (or that your spouse does).
- Gather Documents Early: Collect birth certificates, marriage licenses, military ID, proof of home address, and any relevant military paperwork.
- Plan for Deployments: If there is a chance you or your spouse will be deployed, coordinate with your attorney about possible hearing dates and remote participation.
- Budget for Fees and Home Studies: Adoption often involves costs like legal fees, agency fees, and home-study expenses.
- Explore Post-Placement Support: Ask about local resources, especially if you might move soon. Many military bases have family support programs that can guide new adoptive parents.
- Stay Flexible: Moves and military schedules can shift quickly. Keep your attorney updated so the adoption timeline can adapt.
Do Texas Courts Ever Deny a Military Family’s Adoption?
While courts will not reject you solely because you are in the military, they can still deny an adoption if:
- You do not meet the general adoption requirements (like if the child’s legal status is not fully settled).
- The home study or background checks raise serious concerns.
- The judge believes the adoption is not in the child’s best interest for other reasons.
In other words, your military status is not a free pass, but it is also not a strike against you. As long as you fulfill the usual criteria—providing a loving, stable environment and adhering to Texas adoption laws—you should have as much chance at a successful adoption as any other family.
Ready to Start Your Adoption Journey? Contact a Texas Family Lawyer Today
If you are considering adoption as a military family, do not let worries about deployments or Texas residency rules stand in your way. At The Cook Law Firm & Associates PLLC, we believe every family deserves the chance to grow, no matter where life’s duties take them.
Call 210-740-0281 or fill out our online contact form to schedule a consultation with a Texas family lawyer. Let Justin Cook guide you through Texas’ adoption requirements, handle the paperwork, and ensure your process runs smoothly. We understand how important this step is for you and your future child, and we are dedicated to helping you make your dream of adoption a reality.