Adult adoption in Texas is straightforward: any adult who lives in the state can adopt another consenting adult by filing a short petition, attending a brief hearing, and paying about $350 in filing fees. There is no home study, no background check, and no notice to biological parents. Most uncontested cases move from petition to signed decree within a few weeks, and the parent-child relationship takes legal effect the moment the judge signs the order.
Who Qualifies
Texas Family Code Section 162.501 keeps the requirements minimal. The petitioner must be an adult who resides in Texas, and the person being adopted must be 18 or older.1State of Texas. Texas Family Code Section 162.501 – Adoption of Adult No prior relationship between the two is required. Texas also does not impose a minimum age gap; the petitioner does not need to be older than the adoptee.
If the petitioner is married, both spouses must join the petition.2State of Texas. Texas Family Code Section 162.503 – Requirements of Petition The court can still grant the adoption to only one spouse if that is what the couple wants, but the other spouse has to be part of the filing.3State of Texas. Texas Family Code FAM 162.506 – Adoption Order
The Petition and Consent
The petition is styled “In the Interest of [Name], An Adult,” following the format in Section 162.503, and lists the full legal names, ages, and addresses of both parties.2State of Texas. Texas Family Code Section 162.503 – Requirements of Petition The person being adopted must sign a written consent; without it, the court cannot grant the adoption.4State of Texas. Texas Family Code FAM 162.504 – Consent If you want a name change as part of the adoption, request it in the petition so the judge can include it in the same order.
Because the adoptee is already a legal adult, the biological parents receive no notice. There is no respondent, no termination of parental rights, and no requirement that the biological parents know the adoption is happening.
Where to File and What It Costs
File the petition with the District Clerk in the county where the petitioner lives. Statutory county courts that handle family law matters can also hear the case. Filing fees in most Texas counties run around $350, but the exact figure varies, so confirm with your local clerk before filing.5Harris County District Clerk. Fee Schedule Civil and Family
An attorney is not legally required, and many people handle their own filings. Blank petition forms are available through many District Clerk offices. If you do hire a lawyer for a straightforward uncontested case, expect fees in the range of a few hundred dollars up to around $1,500. For self-represented filers, the main out-of-pocket cost is the filing fee plus the record-update fees that come after the decree.
The Hearing
After filing, contact the court coordinator to schedule a hearing. Both the petitioner and the person being adopted must appear.6State of Texas. Texas Family Code Section 162.505 – Attendance Required The hearing is short. The judge confirms identities, verifies the written consent, and asks a few questions to make sure the statute is satisfied. If the requirements are met, the judge signs the adoption order at the hearing, and the parent-child relationship takes effect immediately.3State of Texas. Texas Family Code FAM 162.506 – Adoption Order
The court can waive in-person attendance for good cause, but only by written order.6State of Texas. Texas Family Code Section 162.505 – Attendance Required Good cause typically means something like a serious medical condition or military deployment, not inconvenience. Plan to appear.
What the Adoption Actually Changes
Under Section 162.507, the adopted adult becomes the son or daughter of the adoptive parents for all purposes and gains full inheritance rights from and through them, exactly as a biological child would.7State of Texas. Texas Family Code Section 162.507 – Effect of Adoption
The consequence that catches people off guard runs the other way. The adopted adult loses the right to inherit from biological parents under Texas intestacy law, and the biological parents lose the right to inherit from the adopted adult.7State of Texas. Texas Family Code Section 162.507 – Effect of Adoption This change applies only to intestate succession, meaning what happens when someone dies without a will. A biological parent can still leave property to the adopted adult through a will or trust, and the reverse is also true. But if neither side does any estate planning, the law treats them as strangers for inheritance purposes. Both families should update their estate documents after the decree is signed.
Immigration Is Not a Reason to Use This Process
Adult adoption in Texas does not create an immigration benefit. Federal immigration law defines a qualifying adopted “child” as someone adopted before turning 16, with a narrow sibling exception that reaches to age 18 only when the petitioner previously adopted a younger sibling of the same child before that sibling turned 16.8USCIS. Eligibility – Family-Based Adoption Petitions Someone adopted at 18 or older is not a “child” under immigration law and cannot be the beneficiary of a Form I-130 petition based on the adoption.9USCIS. Instructions for Form I-130, Petition for Alien Relative The Texas adoption remains legally valid; it simply will not open an immigration pathway.
Social Security Effects
An adult adoption can affect Social Security survivor benefits. If the adoptive parent is already receiving Social Security retirement or disability benefits when the adoption is finalized, the adopted adult automatically qualifies as a dependent for survivor benefits after the adoptive parent dies.10Social Security Administration. 20 CFR 404.362 – When a Legally Adopted Child Is Dependent
Claiming benefits during the adoptive parent’s lifetime is harder. The adopted adult must show they were living with or receiving at least half their support from the adoptive parent for the full year before the adoption was finalized.10Social Security Administration. 20 CFR 404.362 – When a Legally Adopted Child Is Dependent Documenting that support requires actual financial records.
Estate and Gift Tax
Once the decree is signed, the adoptee is a lineal descendant of the adoptive parents for federal tax purposes. The annual gift tax exclusion lets the adoptive parent give the adoptee up to $19,000 in 2026 with no gift tax consequences, and a married adoptive couple can combine to give $38,000 per year. The federal estate tax exemption for 2026 is $15,000,000 per person following the One, Big, Beautiful Bill signed into law in July 2025.11Internal Revenue Service. What’s New – Estate and Gift Tax Families using adoption partly for estate planning should have an attorney restructure their documents once the decree is final.
Updating Records After the Decree
Get several certified copies of the decree from the District Clerk before you leave the courthouse. Multiple agencies will want originals, and ordering extras up front is easier than coming back.
New Birth Certificate
Texas DSHS Vital Statistics will issue a new birth certificate listing the adoptive parents. Submit a Certificate of Adoption form (VS-160) with a certified copy of the decree, a photocopy of your valid ID, and payment.12Texas DSHS. Certificate of Adoption VS-160 The total for one certified copy of the corrected record is $62.13Texas DSHS. Costs and Fees Order two or three copies.
Social Security Card
If the adoption included a name change, the Social Security Administration accepts the adoption decree as proof. The decree must be on court letterhead and bear either a raised seal, the clerk’s signature confirming the filing, or the judge’s signature.14SSA. Evidence of a Name Change Based on a US Issued Court Order Name Change There is no fee for a new card.
Passport and Driver’s License
The State Department accepts a final adoption decree as a valid court order for a name change, provided the decree shows both former and current names.15Department of State. Name Usage and Name Changes For your driver’s license, bring a certified copy of the decree and your updated Social Security card to your local Texas DPS office. Most people find it simplest to update in this order: court decree, then birth certificate and Social Security card, then passport and driver’s license.