Some parent-child bonds form without paperwork: the stepparent who raised a child from age five but never adopted while the child was a minor, the foster parents whose foster son aged out of care but still comes home for Christmas, the aunt or grandmother in El Paso who stepped in and never stepped out. Adult adoption lets the two of you make that relationship legal now that the child is 18 or older. It gives the adopted adult full inheritance rights as a child of the adoptive parent, lets them take the family name, and can matter for benefits, medical decisions and simply for how the family sees itself.
Adult adoption is governed by Texas Family Code Chapter 162, Subchapter D (sections 162.501 through 162.507). Under section 162.501, any adult may be adopted, and section 162.502 provides that the petition is filed in the district court of the county where the petitioner lives; if the petitioner is married, both spouses join as petitioners. Section 162.504 requires the petitioner and the adult adoptee to attend the hearing unless the court waives attendance for good cause, and section 162.505 requires the adoptee's written consent. Under section 162.507, the adopted adult becomes the child of the adoptive parents for all purposes and inherits from them, while still retaining the right to inherit from biological parents. No termination of the biological parents' rights and no consent from them is needed.
Because there is no termination, no home study and no criminal history requirement in a typical adult adoption, this is one of the simplest family cases we handle in El Paso. Robert Navar drafts the petition and the adoptee's consent, files with the El Paso County District Clerk, and sets one short hearing in the assigned family district court. The adoptive parent and the adult being adopted appear together, usually for ten to fifteen minutes, and the judge signs the Decree of Adoption on the spot. We coordinate a new birth certificate and, if desired, the name change within the same decree, and we can pair the adoption with an updated will or Lady Bird deed so the estate plan matches the new family tree.
Who uses adult adoption in El Paso and why
The most common petitioners are stepparents who waited until the child turned 18 so the absent biological parent's consent was no longer an issue, former foster or kinship caregivers, and relatives who raised a child informally. Some families adopt to secure inheritance rights, particularly where there is a ranch, a business or a home on the Eastside they want to pass down as to a child, and some do it to formalize a caregiving relationship with an adult who has a disability. Adult adoption also settles who is treated as a child under wills, trusts and beneficiary designations that refer to descendants.
Requirements, the hearing and the new birth certificate
The petitioner must live in El Paso County to file here, both spouses of a married petitioner must join, and the adult adoptee must sign a written consent. The court may ask about the relationship and why adoption serves the parties, but there is no waiting period, no residency period for the adoptee and no requirement that the adoptee be younger than the petitioner. Both the petitioner and the adoptee attend the hearing unless the judge excuses one for good cause, such as military deployment. After the decree, we submit the certificate of adoption to the Texas Vital Statistics Section for a new birth certificate if the adoptee was born in Texas, and provide guidance for out-of-state births.
What's included
- Consultation on your goals, inheritance implications and whether a name change should be included
- Petition for Adoption of an Adult drafted and filed with the El Paso County District Clerk, with both spouses joined when required
- Written consent of the adult adoptee under Family Code section 162.505
- Decree of Adoption prepared, including the new name if desired
- One short hearing scheduled and attended with you and the adoptee in the El Paso County family court
- Certificate of adoption filed with Texas Vital Statistics for a new birth certificate
How it works
Petition and consent
We confirm you live in El Paso County, gather identification for everyone involved, draft the petition and the adoptee's written consent, and file with the District Clerk. If you are married, your spouse signs as a co-petitioner.
Short hearing together
We set a brief hearing in an El Paso County family district court. You and the adult you are adopting attend, answer a few friendly questions about your relationship, and the judge signs the Decree of Adoption.
Birth certificate and records
We file the certificate of adoption for a new birth certificate, order certified copies of the decree, and, if you wish, update your will, deed and beneficiary designations to reflect your newly recognized child.