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Texas Family Code - Section 162.001. Who May Adopt And Be Adopted

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 162.001. Who May Adopt And Be Adopted

§ 162.001. WHO MAY ADOPT AND BE ADOPTED.  (a) Subject to 
the requirements for standing to sue in Chapter 102, an adult may 
petition to adopt a child who may be adopted.
	(b)  A child residing in this state may be adopted if:                         
		(1)  the parent-child relationship as to each living 
parent of the child has been terminated or a suit for termination is 
joined with the suit for adoption;
		(2)  the parent whose rights have not been terminated 
is presently the spouse of the petitioner and the proceeding is for 
a stepparent adoption;
		(3)  the child is at least two years old, the 
parent-child relationship has been terminated with respect to one 
parent, the person seeking the adoption has been a managing 
conservator or has had actual care, possession, and control of the 
child for a period of six months preceding the adoption or is the 
child's former stepparent, and the nonterminated parent consents to 
the adoption;  or
		(4)  the child is at least two years old, the 
parent-child relationship has been terminated with respect to one 
parent, and the person seeking the adoption is the child's former 
stepparent and has been a managing conservator or has had actual 
care, possession, and control of the child for a period of one year 
preceding the adoption.
	(c)  If an affidavit of relinquishment of parental rights 
contains a consent for the Department of Protective and Regulatory 
Services or a licensed child-placing agency to place the child for 
adoption and appoints the department or agency managing conservator 
of the child, further consent by the parent is not required and the 
adoption order shall terminate all rights of the parent without 
further termination proceedings.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Amended by Acts 1997, 75th Leg., ch. 561, § 14, eff. Sept. 1, 
1997;  Acts 2003, 78th Leg., ch. 493, § 1, eff. Sept. 1, 2003.

Last modified: August 11, 2007