The Houston Family Law Blog

Adopting A Child Over the Age of 12 In Texas

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Most people looking to adopt in the state of Texas want a child that is a baby or still fairly young. Yet the adoption of teens is quite common if a step parent is looking to adopt the child or if another family member wants custody of the child. If you're looking to adopt an older child, make sure that you do the research or contact a Houston family law attorney on what is required for such an adoption.

In the state of Texas, a child that is 12 years of age or older can only be adopted if he or she consents to the adoption in writing or in court, according to Section 162.010 of the Texas Family Code. At any time before an order granting the adoption of the child is rendered, the consent by the child can be revoked.

Texas family courts, can however, waive the requirement for an older child to give consent if the court finds that the adoption would serve in the child's best interest. The consent requirement will also often be waived if the child lacks the mental capacity to consent, as long as the adoption is in the child's best interest. FindLaw states that most U.S states now require that older children give consent for adoption, but the age requirement for consent varies from state to state. Twenty-four U.S states and the District of Columbia, for example, only require that children ages 14 and older. The consent of the child is not usually required in Texas for the adoption process for children that are under the age of 12.

Related Resources:

  • Consent to Adoption FAQ (FindLaw)
  • Find a Houston Family Law Attorney (FindLaw)
  • Law on Adoption - Texas (FindLaw)

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