Law Office of Roland R. Esparza, P.C.

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Who can be adopted?

As many in San Antonio already know, people do not always have to be connected by blood ties in order to be considered family. In regards to children, especially, a parent can be anyone who is willing to provide them the type of love and nurturing that they need. Countless children find themselves in need of such nurturing from someone other than their biological parents all the time, and there is typically no shortage of people in Texas willing to provide it. If you count yourself among those providing such support and desire to make the relationship that you have built with the child you are caring for permanent, the question becomes if he or she can be legally adopted

The details regarding which children may be adopted can be found in Section 162.001 of the Texas Family Code. First and foremost, the child you are fostering or caring for must currently reside in Texas. Next, one of the following must descibe the child's current parental situation: 

  • The relationship with each of his or her living parents must have already been terminated or be in the process of doing so in conjunction with your suit for adoption
  • You are married to the child's biological parent
  • You have been named as the child's managing conservator or have had custody of him or her for at least six months, he or she has no relationship with one of his or her parents, and you have the consent of the other parent
  • You are the child's stepparent, managing conservator or have had custody of him or her for at least one year, and he or she has no relationship with one of his or her parents

In the final two scenarios mentioned above, the child must also be at least two years old. 

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