Stepparent adoption is one of the most meaningful ways to solidify a family bond—but it’s also a legal process that often begins with the termination of a biological parent’s rights. Whether this termination is contested or uncontested can significantly affect the timeline, cost, and emotional impact of the adoption.
At Denis Law Group, we help families throughout Bexar County and Central Texas navigate stepparent adoptions with confidence. Whether you’re facing a cooperative situation or preparing for a legal challenge, we’ll walk you through every step.
What Is Stepparent Adoption?
Stepparent adoption allows a stepparent to become the child’s legal parent, giving them full parental rights and responsibilities. Once finalized, the stepparent becomes equal under the law to a biological parent, and the child’s other biological parent must first have their rights terminated.
Termination of Parental Rights: The First Step
To proceed with a stepparent adoption in Texas, the parent who is not married to the stepparent must have their parental rights terminated. This can happen voluntarily or involuntarily, depending on the circumstances.
Uncontested Termination in Stepparent Adoption
In an uncontested case, the biological parent voluntarily agrees to relinquish their parental rights, often recognizing that the stepparent has taken on the parental role or that the adoption is in the child’s best interest.
Advantages of Uncontested Termination:
- Faster court process
- Lower legal costs
- Minimal emotional strain
- Allows the family to move forward sooner
Uncontested cases are most common when the biological parent is no longer involved, has remarried, or acknowledges that the adoption is in the child’s best interest.
Contested Termination in Stepparent Adoption
In a contested case, the biological parent refuses to give up their rights, even if they are not involved in the child’s life. In these cases, the court must determine whether grounds exist for involuntary termination.
Common grounds for involuntary termination in Texas:
- Abandonment (no contact or support for 6+ months)
- Abuse or neglect
- Criminal history or incarceration
- Endangerment of the child
- Failure to pay child support
Contested cases require formal litigation and may involve:
- Testimony and evidence
- An amicus attorney appointed to represent the child
- A court trial to determine the child’s best interest
Finalizing the Stepparent Adoption
Once parental rights are terminated, the adoption can move forward. In most stepparent adoption cases, the court will require:
- A criminal background check for the adopting stepparent
- Possibly a home study (often waived in stepparent cases)
- A final adoption hearing before a family law judge
Upon approval, the stepparent becomes the legal parent, and a new birth certificate is issued showing the adopting parent’s name.
Why Legal Help Matters in Stepparent Adoption
Even in cooperative cases, Texas law requires strict compliance with adoption and termination procedures. Mistakes or delays can slow down the process—or worse, jeopardize the adoption.
At Denis Law Group, we handle:
- Filing and court preparation
- Voluntary relinquishments and affidavit drafting
- Contested termination hearings
- Final adoption hearings
We work with families in San Antonio, New Braunfels, Boerne, Seguin, and throughout Central Texas, offering compassionate guidance and strong advocacy.
Ready to Move Forward with a Stepparent Adoption?
Whether you’re facing a contested situation or pursuing an uncontested adoption, our team is ready to help. At Denis Law Group, we believe every child deserves a secure, loving home—and we’re here to help you make that happen.