How long does a stepparent adoption take in El Paso, Texas?

With a signed relinquishment from the other parent, most El Paso County stepparent adoptions finish in three to six months, driven by the criminal history report, the attorney ad litem's review and the court's calendar. If the other parent must be served or cited by publication, or if the termination is contested, expect six months to a year. The child must also have lived with the stepparent for six months unless the judge waives it.

Do we have to go to court for a stepparent adoption?

Yes, one short hearing. Unlike divorces and name changes, El Paso County judges generally want to see the family in person for the final adoption, and most families would not miss it. It usually lasts 15 minutes or less. We prepare you and your spouse for the handful of questions, and the judge often invites photos afterward. Any earlier termination hearing, if needed, is brief and may be held by Zoom.

How much does a stepparent adoption cost in El Paso?

We quote a flat attorney fee that covers both the termination and the adoption. Separate costs include the El Paso County District Clerk filing fee, the DPS and FBI criminal history fee, the attorney ad litem's fee set by the court, a social study if the judge orders one, service or publication costs if the other parent will not sign, and the new birth certificate. We list each on your written quote.

What if the biological father will not sign or cannot be found?

The adoption can still go forward, but the termination becomes involuntary. We plead grounds under Family Code section 161.001, commonly abandonment for six months without support or failure to support for a year, serve him or obtain citation by publication after a diligent search, and prove the grounds and the child's best interest at a hearing. If he was never legally established as the father, the case may be simpler. We assess this honestly at the first meeting.

Does the child get a new birth certificate and last name?

Yes. The Decree of Adoption can change the child's name, so no separate minor name change case is needed. After the hearing we file the certificate of adoption with the Texas Vital Statistics Section, which issues a new Texas birth certificate listing the adoptive parent. A child born outside Texas receives a new certificate from the state or country of birth according to its rules, which we help you navigate.

Stepparent Adoption Lawyer El Paso

Stepparent Adoption in El Paso: Make the Parent Who Shows Up the Parent on Paper

A complete stepparent adoption in El Paso County for a flat fee, including termination of the other biological parent's rights, the adoption petition, required background checks and one short hearing that we prepare and handle with you.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

In many El Paso households the person packing lunches, coaching soccer at Album Park and sitting through parent-teacher conferences is a stepparent, while the biological parent has been absent for years or is willing to step aside. A stepparent adoption turns that everyday reality into a permanent legal relationship: the stepparent becomes the child's parent for every purpose, including inheritance, school and medical decisions, insurance and Social Security benefits, and the child can take the family name. Fort Bliss families in particular use stepparent adoption to secure military dependent benefits and Tricare coverage for a stepchild.

A stepparent adoption in Texas is really two cases in one. First, the other biological parent's rights must be terminated under Texas Family Code Chapter 161, either voluntarily through an Affidavit of Voluntary Relinquishment under section 161.103, or involuntarily on grounds such as abandonment or failure to support under section 161.001, which requires evidence and a court finding. Second, the adoption itself proceeds under Chapter 162: section 162.001 allows a stepparent to adopt when the spouse is a parent and the other parent's rights are terminated, section 162.0085 requires a DPS and FBI criminal history check, section 162.010 requires written consent of a child 12 or older, and section 162.009 generally requires the child to have lived with the stepparent for six months.

Robert Navar files the combined termination and adoption petition with the El Paso County District Clerk, obtains the relinquishment affidavit or arranges service on a parent who will not sign, requests the criminal history and, where the court requires it, coordinates the attorney ad litem and any social study. Adoptions are the one uncontested family matter El Paso judges still like to see in person: the final hearing is short, usually joyful, and the family stands together while the judge signs. We prepare every question in advance and stand beside you. Because a defective termination can be attacked later, this is not a case to attempt with downloaded forms.

Terminating the other parent's rights: consent or grounds

The fastest path is a signed Affidavit of Voluntary Relinquishment. It must be executed before two witnesses and a notary, cannot be signed until at least 48 hours after the child's birth, and, once filed, becomes irrevocable under the terms of section 161.1035 if it so states. We can arrange signing in El Paso, in Ciudad Juárez, or in another state. The relinquishing parent should understand that termination ends the child support obligation going forward but does not erase past-due support already owed.

When the other parent will not sign or cannot be found, we plead involuntary grounds under section 161.001, most often that the parent voluntarily left the child with another and stayed away without support for at least six months, or failed to support the child for a year. The parent must be served or, after a diligent search, cited by publication, and the court appoints an attorney ad litem. The judge must find both grounds and best interest by clear and convincing evidence, so we build the record carefully.

The El Paso County adoption hearing and what follows

Once the termination is granted, the criminal history report is on file and any required social study is complete, we set the adoption hearing in the assigned El Paso County family district court. The stepparent, the spouse and the child attend; the hearing usually takes 15 minutes or less, and many families bring grandparents and take photos with the judge afterward. The Decree of Adoption changes the child's name if requested and directs the Texas Vital Statistics Section to issue a new birth certificate listing the adoptive parent. We file the certificate of adoption and give you a checklist for Social Security, school, insurance and, for military families, DEERS enrollment.

What's included

Consultation on eligibility, the other parent's status and whether a voluntary or involuntary termination fits
Original Petition for Termination and Stepparent Adoption drafted and filed with the El Paso County District Clerk
Affidavit of Voluntary Relinquishment prepared and signing coordinated, or formal service and publication if needed
DPS and FBI criminal history request under Family Code section 162.0085 and coordination of any social study
Child's written consent when 12 or older, and communication with the attorney ad litem
Decree of Adoption with name change, and the adoption hearing prepared and attended with you
New birth certificate application and post-adoption checklist for Social Security, school and insurance

How it works

File and address the other parent

We file the combined petition with the El Paso County District Clerk and either obtain the other parent's notarized relinquishment or serve them with citation. The court appoints an attorney ad litem for the child where required.

Background check and readiness

We request the DPS and FBI criminal history report for the stepparent, gather the child's consent if 12 or older, confirm the six-month residence requirement, and complete any social study the judge orders.

One short hearing and the decree

The family attends a brief in-person hearing in an El Paso County family court. The judge grants the termination and adoption, signs the decree with the new name, and we handle the new birth certificate.