Dallas, TX asked in Family Law and Adoption for Texas

Q: I have raised my Niece for the past 5 years since my sister passed. Can I adopt her since she's 18 without my husband?

I want to adopt my Niece, but am married. I want to know if I adopt her would my husband need to be involved, or is this something I can do without him? He knows about the adoption, but I don't want him to be on the adoption paperwork. Her biological father hasn't been involved in her life either. Would he need to sign anything since she's an adult?

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1 Lawyer Answer

A: In Texas, an adult adoption (where the person being adopted is 18 years or older) is a much simpler process than adopting a minor. The consent of the adoptee is typically the main requirement.

Since your niece is 18, the adoption process doesn't require the consent of her biological parents, so her father wouldn't need to sign anything.

Regarding your husband, Texas law allows one spouse to adopt without the other spouse joining in the adoption if the other spouse consents. In this case, as long as your husband is aware and agrees to the adoption, you should be able to proceed without his name on the adoption paperwork.

Please consult with an attorney for advice based on your specific situation. This is a general explanation and the laws can be complex and subject to change.

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