Texas Child Protection Law Bench Book

August 2015 edition

A. Petition for Adoption

1. Where Petition Must Be Filed

The 84^th Texas Legislature amended the Texas Family Code to provide that a suit in which adoption is requested may be filed in the county in which the child resides or in the county where the petitioners reside, regardless of whether another court has continuing exclusive jurisdiction under Tex. Fam. Code Chapter 155. A court that has continuing exclusive jurisdiction is not required to transfer the suit affecting the parent-child relationship to the court in which the adoption suit is filed. To support this change, the 84^th Texas Legislature also amended Tex. Fam. Code § 155.001(c), to create an exception to continuing, exclusive jurisdiction for suits for adoption. Tex. Fam. Code § 103.001(b).

2. Spouses Must Join in Petition

If a petitioner is married, both spouses must join in the petition for adoption. Tex. Fam. Code § 162.002(a). If after filing a joint petition for adoption, a married couple divorces, the court shall abate the adoption and dismiss the action unless one party thereafter amends the petition and seeks to adopt individually. Tex. Fam. Code § 162.013(c).

3. When to Proceed

The court has authority to proceed with adoption when all parental rights have been terminated in conjunction with the adoption. Tex. Fam. Code § 162.001(b)(1).

Unless waived by the court, the petition for adoption may be heard and the adoption ordered after the child has lived in the adoptive home for six months. Tex. Fam. Code § 162.009.