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?

Related Topics:
1 Lawyer Answer
Sharita Blacknall
Sharita Blacknall
Answered
  • Family Law Lawyer
  • Plano, TX
  • Licensed in Texas

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.