Adoption is one of the happiest reasons to go to court in New Braunfels, and one of the most carefully reviewed. Whether you are a grandparent in Comal County raising a grandchild, a foster family in Guadalupe County ready to make a placement permanent, or an adult who wants to formalize a lifelong bond with a stepparent, Texas law sets out specific steps the court must see before it signs a final adoption order. Our family law attorneys help families work through those steps calmly and correctly.
This page covers adoptions other than stepparent adoptions. If you are a stepparent, see our dedicated stepparent adoption page.
Types of Adoption We See in New Braunfels
Relative and kinship adoption
Grandparents, aunts, uncles, older siblings and family friends often end up raising a child when a parent cannot. Many of these caregivers already have custody through a court order or an informal arrangement. Adoption gives the child permanence and gives the caregiver full parental authority for school, medical care, travel and benefits.
Foster-to-adopt through DFPS
When a child in the conservatorship of the Texas Department of Family and Protective Services cannot return home, the child may become available for adoption after parental rights are terminated. Foster parents and relatives who have cared for the child are often first in line. Children adopted from foster care may qualify for adoption assistance or other post-adoption benefits, which should be discussed before the adoption is final.
Agency adoption
Licensed child-placing agencies handle infant and older-child placements. The agency does much of the casework, including home studies, but the adoption itself is still finalized by a Texas court, and the adoptive family often benefits from independent advice.
Adult adoption
An adult may be adopted with his or her consent. There is no home study, and the birth parents’ rights are not terminated. Adult adoption is often used by a stepparent who never adopted while the child was a minor, or by families with inheritance goals.
Interstate and international adoption
When a child is moving between states, the Interstate Compact on the Placement of Children generally applies, and approval from both states may be needed before the child moves. International adoptions involve federal immigration rules as well. We can help with the Texas court side and coordinate with the agencies involved.
What Every Texas Child Adoption Requires
Adoptions of minors are governed mainly by Chapter 162 of the Texas Family Code. While the details vary, the court generally needs:
- Termination of the birth parents’ rights. This can be by voluntary relinquishment or through a contested case under Chapter 161. Read more on termination of parental rights.
- A home study and other reports. A licensed professional evaluates the adoptive home before placement, and a post-placement report usually follows. The court can modify some of these requirements in certain relative and stepparent cases.
- A criminal history check for each adoptive parent.
- A health, social, educational and genetic history of the child, when available, so the family has important background information.
- Time in the home. The child generally must live with the adoptive parents for at least six months before the adoption is granted, unless the court waives it.
- The child’s consent if the child is 12 or older, unless the court waives it.
- A finding that the adoption is in the child’s best interest.
Placement Rules and Money
Texas takes the line between adoption and selling a child very seriously. Only certain people and entities may place a child for adoption, and it is a crime to pay or accept money for a placement beyond allowed expenses such as legal and medical costs handled properly. If someone offers to “give” you a child, or asks you to cover unusual expenses, stop and get advice before you go further.
The Adoption Process Step by Step
Here is a general picture of a relative adoption filed in Comal County:
- Consultation. We look at the child’s history, existing court orders, any CPS involvement, and whether the parents will consent.
- Choose the right county. The case is usually filed where the child lives. New Braunfels sits on the Comal and Guadalupe county line, so we confirm the address before filing.
- Petition. We file a petition to terminate (if needed) and to adopt. Some families file these together.
- Service or relinquishment. The parents either sign relinquishment affidavits or are served with the case.
- Studies and background checks. The home study, criminal history check and history reports are completed.
- Contested hearing, if needed. If a parent objects, the court hears evidence on termination.
- Final adoption hearing. The judge reviews the file, may ask questions of the family and, if everything is in order, signs the decree.
- After the decree. We help with the paperwork for an amended birth certificate and any name change ordered in the case.
Adoption Compared With Other Options
Adoption is permanent. Some families are better served by a different order.
| Option | Ends parents’ rights? | Typical use |
|---|---|---|
| Adoption | Yes | Permanent family for the child |
| Managing conservatorship to a relative | No | Caregiver needs authority, parent may return later |
| Guardianship of a minor | No | Managing a child’s inheritance or estate, or in limited situations the child’s person |
| Agreed custody order | No | Parents cooperate but cannot provide daily care |
We will talk through these options honestly, including when adoption may not be the right fit yet.
Questions Families Ask About Adoption in Comal County
Does the adoptive parent need to be married? No. Single adults can adopt in Texas, and married couples generally adopt together.
Will the birth parents still be able to see the child? After termination and adoption, birth parents have no legal right to visitation. Some families choose informal openness, but courts generally will not enforce it as a condition of the adoption.
What about child support from the birth parents? Termination ends future support duties. Past-due amounts may still be collectible, depending on who is owed.
Talk With a New Braunfels Adoption Lawyer
If your family in New Braunfels, Bulverde, San Marcos, Boerne or elsewhere in Comal County and the surrounding counties is ready to adopt, we would be glad to help you plan the path. New Braunfels Family Law offers a free consultation by phone, video or in person at (830) 302-4071, and we speak Spanish. You can also read our fees page to see how we price cases with a predictable scope.
Frequently Asked Questions
Can a grandparent adopt a grandchild in Texas?
Yes. Grandparents and other relatives often adopt children already living with them. The parents’ rights must first be terminated, by consent or through a contested case, and the court must find the adoption is in the child’s best interest.
Can I adopt an adult in Texas?
Yes. Texas allows adult adoption with the adult’s consent, and the process is much simpler than a child adoption. It is often used to formalize a stepparent or long-time caregiver relationship, or for inheritance planning.
Can a friend or relative just give me their baby to adopt?
Texas restricts who may place a child for adoption. Generally a licensed agency, DFPS or certain close relatives may do so, and paying for a placement is illegal. Talk to a lawyer before agreeing to any private arrangement.
How long does an adoption take in Comal County?
It depends on the type. An adult adoption or an agreed relative adoption can move in a few months, while a contested termination or an interstate placement can take much longer. The court’s calendar and required reports also affect timing.
Does an adoption end the birth parents' rights?
A child adoption requires that the birth parents’ rights be terminated first, usually in the same case. Adult adoption is different: the birth parents’ rights are not terminated, and the adult’s legal ties to birth relatives are generally not cut off the way they are in a child adoption.
Last reviewed November 13, 2026. General information only, not legal advice.