[mommyfirst]

This site has been a great help and starting point but I found through my research and help with lawyers that some of the great forms are just a tad bit outdated. They may still work for you (if you've already used them) but I recently worked with a lawyer to get my forms prepared.

Stepparent adoption in Texas can be done Pro Se but with that said, a lot of the great information I found on this site was posted in 2004. Laws are updated every September (so says the Harris Co. District Clerk). So I will be posting all of the current documents/forms and explanations of why they are different than previous posted forms.

Also, to pay respect for all of the initial help I found from other members I will be posting a very detailed, almost fool proof adoption procedure for a Harris County, Texas Stepparent Adoption. (This will work for almost all counties in Texas, but my court addresses and directions will be specific to Harris County).

With all that said I am not a lawyer and the lawyer who helped me, did so as a favor. This is a guide for you to learn more.

[mommyfirst]

This is the first form you want to work on.
It costs money to file your petitions so before you file you want to make sure the parent is actually going to sign and return this form to you.

You need to fill in the correct information and send it through certified mail or deliver yourself if you feel comfortable. You will also need to include a copy for the parent's information of the original petition that you will turn into the court.

I suggest talking to the parent first and giving them time to think about it. It is a serious decision and the paperwork can be intimidating and can be turned down easily if you have not discussed this situation prior.

Please go line by line of each document.

The parent giving up rights needs to initial the bottom of each page you can create a line as a "footer" in your document for this, they also must sign it with 2 witnesses they know in front of a notary.
The case number at the top of the form can be filled in later by you once you file.

[mommyfirst]

Previously member's have posted forms for "biological consent" for an adoption. If the custodial parent is a co petitioner in the original adoption/termination petition then the biological consent is given within the petition and you do not need an additional biological consent form.

The parent giving up rights does not need to be notified by the court because within the Voluntary Relinquishment document the parent will waive their right for further notification.

Since this petition is for an uncontested adoption/termination you do not need to request an ad litem (with any case if a judge feels your child needs one, they will order it).

If you do not want to change the child's last name, state that you wish to keep the childs name _______.

List the case # and family court if you have any previous orders for divorce & custody, visitation, wage withholding, etc.

REMEMBER: You should give a copy of the original petition to the parent giving up rights along with their voluntary relinquishment papers.

When you take all of your papers to the court house they will assign you a case number, you can hand write the number in the NO.________ given on your documents or the clerk can stamp each document with the same case #.

Make copies or pay for certified copies when you file.

You still need 2 more documents after original petition and relinquishment document. I will post later.........

[mommyfirst]

As stated in the Family Code you are required to supply the court with a Section 152.209 Information document. It is also stated in the Original Adoption/Termination petition that it is included so it must be filed along with petition.

After reading this form you will learn it's pretty straight forward, it's basically a record for the court of who you are, where and who your child has lived with the last 5 years and what previous court cases you have had with this child.

If you have a previous custody, support etc. list the court case # and the court you were assigned to for the court's reference.

This is just one of those forms you have to fill out to comply with the family code.

Once again, fill in the NO.____ when you file.

One more major form to go.......

[mommyfirst]

This is another general document that is stated as necessary in the Texas Family Code and is mentioned as included in your Original Adoption/Termination, so make sure it is included when you file your paperwork.

Interstate Compact is usually for other types of adoptions where the child is placed by an agency or where the case or child is crossing state lines. Nonetheless it must be included.

If you have custody of the child and the child is in your home because of a custody agreement then you will keep what is stated in my form,
"There has not been compliance with subchapter B of chapter 162 of the Texas Family Code, which deals with the interstate placement of children, because the child who is the subject of this suit was not placed in this home by another state or by an out-of-state person, agency, or entity.“Additionally, there has not been compliance with subchapter B of chapter 162 of the Texas Family Code, which deals with the interstate placement of children, because the child the subject of this suit was placed by a parent and was placed with a parent and step-parent.

This just means the child lives with the parent and step(adoptive) parent, so you are addressing the form but basically saying it does not apply to your circumstances.

Up next.....after forms are filled out.........

[texasmamamia]

Thank you in advance!

[jonatshaja]

Can't wait to read more! Thank you soooo much for all this valuable information

[mommyfirst]

(Sorry I took a while to follow up)

So you have your check list of paperwork:
1)notarized Original Petition for adoption
2)notarized Section 152.209 affidavit
3)notarized Interstate Compact affidavit
4)notarized Voluntary Relinquishment

In Harris County take all of these documents to the District Family Court Office: in Harris County it is called the “Family Intake Office” at 1115 Congress building in the basement Rm. 23.
This is where you file new family causes/cases. Tell the clerk straight forward you are there to file an uncontested stepparent adoption “PRO SE“ (by yourself-without a lawyer)-maybe they will help you a little more then.
Give them everything you have and pay all of the filing fees. (about $250). You can bring cash or pay with a credit card.
They will assign you a Case Number- this is when you can hand write this in the NO._____ area at the top of each of your forms, (or sometimes they will stamp it for you.) The original case # they assign to you will be used for all further documents pertaining to this case.

They should also assign you a hearing date that should allow you time to complete a background check and social study. If not, request a hearing date or ask the clerk about seeing the judge for a final hearing. (there are different rules depending on where you live)

Now you are done with the bulk of the adoption process........
In Texas they now automatically order a "uncontested social study" or home study, even for a stepparent adoption where the child has lived with the stepparent for a long time (this is why your Section 152.209 is important, it lists the time at residence). In Harris County the Domestic Relations Office receives the order that the court has the judge sign and they will contact you with the information you have provided. (I included the form, but you do not have to turn it in with your paperwork, unless you want to.) (A Judge can still waive the study but most of the time it goes through this process).
I will post a little about your home study process....

[mommyfirst]

Once you file your paperwork they will automatically order an Adoption Social Study. (yes, the new law in Texas is that with ANY adoption case a home study will be ordered).
This is done through the Domestic Relations Office (in Harris Co.) You don’t have to do anything, they will contact you when the order is processed. They will want payment, (as of Feb. 2010) it is $250 for a uncontested social study. (its more for a contested)

Once you make payment they will set up a date for a social worker to come to your house, inspect and ask the custodial parent and the adoptive parent a bunch of questions. When they contact you they will instruct you further about any documents (birth certificate, child’s shot records, DL etc.) you may need to present or any other requirements. After the study is complete they will file their report with the court and it will be added to all of your other documents.

TIP: Do not be defensive or talk badly about the parent that gave up rights ( I know it seems ridiculous to say that but it could accidently slip out) remember it’s uncontested and you don’t have to be on the defense anymore. Think of how happy you will be when everything is finalized and go with that attitude. Also, no matter how old your child is go ahead and “baby proof” your home. Look for anything that can be pulled down on the child, exposed cords to appliances (hide, cover up, put in cord tubing), clean up clutter, and make sure areas that should be sanitary are, like kitchen and bathroom. Make sure medications are kept in one place and can not be reached by the child. The social worker is by far not doing a white glove inspection but if the obvious is cleaned up there is no need for any digging or further inspection, right? Also make sure the other parent knows all of the things you know like child’s teacher’s name, doctor’s name/office, whether they are up to date on shots/check ups. The social worker may even ask your child some questions, don’t coach them other than preparing them to be respectful and actually answer instead of starring at Sponge Bob on the t.v. the whole time. And the social worker does this for a living so they understand that “kids say the darndest things”.

Relax, this will go well and it's just one more hoop to jump through.

IMPORTANT: IMMEDIATELY AFTER FILING YOUR PAPERWORK AND WHILE WAITING FOR YOUR HOMESTUDY, BEGIN THE BACKGROUND CHECK PROCESS.

[mommyfirst]

Immediately after filing your documents with the court keep a record of your Case # assigned to you.

Then get the adoptive parent to get fingerprinted and send off to the DPS for a criminal background check. You can get finger printed on an OFFICIAL card (fill in info. On the card) at your local police/constable/sherriff office/station (call to make sure they do fingerprinting, some do not) sometimes they do it for free, sometimes they charge you $10.
OR the DPS has a service they work with for electronic fingerprinting for ($9.95).(www.L1enroll.com)

Either way get fingerprinted and type up a request for “Criminal History Record For Persons Seeking to Adopt a Child“. (List that as the title) then include all information About adoptive parent only!

You can type this up and have it ready before you go to court, just remember to later include your Case # and court’s mailing address. Don’t put it off.
1. Last name, first name, middle name, any alias names
2. Sex, race, date of birth
3. Social security number and Texas driver license number or ID card number
4. Address for results to be mailed to (this is your courts address) request specifically for the results to be mailed to the court and NOT to your home address.
5. Mailing address and phone number of adoptive parent
6. Cause number for adoption. (given to you when you file)
7. Adoptive parent needs to sign typed request AND their fingerprint card
8. Enclose a $15.00 check or money order made out to Texas Dept. of Public Safety
9. Mail everything together to:
Texas Department of Public Safety
Crime Records Service
P. O. Box 15999
Austin, TX 78761-5999

-The same detailed instructions are on Procedure to Access Criminal History Record Information for Person(s) Seeking to Adopt a Child or I have included the instructions page (in text format)

Soon the DPS will send the background check to the Court’s mailing address you provided and if you put the Case # it will be added to your case file, you don’t have to do anything except maybe call to check on your case and see if it was added, (usually takes 2 weeks or less.)
Almost done!!!!

[d2mmasosr]

THANK YOU! mommyfirst thank you SO much for posting that petition. Just went to clerk's office today after following danamom's directions and realized I didn't have petition for the kids. Came home and found it right here. filling it out and heading back tomorrow. THANK YOU

[camniajayce03]

Thank you so very much for taking the time and effort to ease the process for other families. God bless you!!

[mrsa]

Mommyfirst, I want to adopt my heart-daughter (I cannot call her "stepdaughter") without a lawyer since her mom passed away before I met her dad (who's now my husband). It's so frustrating that there's so little readily available online for us stepparents (hate that term) even though it is probably the most common form of adoption. I have been searching and searching online for a site that would provide this information, and couldn't find ANY, not even various Texas state government sites. Then I found your post on google, and became a member here just so I could have access to your invaluable post!

Thanks a million for posting the forms and your process. You have no idea (well, of course you do!!!) how useful this is!

[maniacmom]

Hi,
I have been looking all over for the answer to this question. I have already legally terminated the biological fathers legal rights 13 years ago in Nevada and now I am married and living in Texas. My husband would like to adopt my daughter. What form would I use? The only form I have been able to find is 152.209 which is a "Petition to terminate and adopt a stepchild". Should I still use this form? Any help would be greatly appreciated.

Thanks

[texasmamamia]

Thank you again Mommyfirst!