Common-Law Couples And Adoption In Texas: What's The Verdict?

In Texas, same-sex couples can legally adopt. However, unmarried couples may be required to adopt as two single people jointly adopting the same child, rather than as a couple. This means that one parent must go through the adoption process first, then the other, with a minimum six-month delay between the adoptions. Texas does recognise common law marriage, so it is unclear how this policy will affect long-term unmarried couples.

Same-sex couples can adopt in Texas

Texas law does not require prospective adoptive parents to be married. Single or unmarried parents can adopt if they aren't otherwise prohibited from doing so. However, some private adoption agencies, like American Adoptions, consider marriage as one of the internal qualifications to adopt a child in Texas. Individual agencies may have other requirements pertaining to marriage. For example, an agency may prefer that the couple is married several years before adopting.

Texas recognises common-law marriage, or marriage without formalities, as a valid and legal way for a couple to marry. Same-sex common-law marriages are now recognised in Texas.

Common law marriage is recognised in Texas

Texas law states that a common law marriage may be proved by evidence that the couple:

> [lives] together and agree [s] to be married, and after that agreement, they hold themselves out to others as being husband and wife.

The Texas Legislature has not yet amended the statutory language since the U.S. Supreme Court's decision in Obergefell v. Hodges, despite that, same-sex common law marriages are now recognised in Texas.

Same-sex couples in Texas can adopt, and this is now protected by federal law in every state. However, unmarried same-sex couples who wish to adopt may be required to adopt as two single people jointly adopting the same child, not as a couple. This process requires one parent to go through the adoption process first, then the other, with a minimum six-month delay between the adoptions.

Texas law doesn't require prospective adoptive parents to be married. Single or unmarried parents can adopt if they aren't otherwise prohibited from adopting. However, some private adoption agencies, like American Adoptions, consider marriage as one of the internal qualifications to adopt a child in Texas. Individual agencies may have other requirements pertaining to marriage. For example, an agency may prefer that the couple is married several years before adopting.

Texas law doesn't require prospective parents to be married

Texas law does not require prospective parents to be married. Single or unmarried parents can adopt if they are not otherwise prohibited from doing so. However, some private adoption agencies, such as American Adoptions, consider marriage to be one of the internal qualifications to adopt a child in Texas. Individual agencies may have other requirements pertaining to marriage. For example, an agency may prefer that the couple is married for several years before adopting.

Unmarried same-sex couples can legally adopt in Texas, but they are likely still required to adopt as two single people jointly adopting the same child, not as a couple. This process requires one parent to go through the adoption process first, then the other, with a minimum six-month delay between the adoptions.

Texas law recognises common-law marriage, also known as marriage without formalities or informal marriage. It is a valid and legal way for a couple to marry in Texas. However, it is unclear how this change in policy will affect long-term couples who are unmarried. If you and your partner or spouse are thinking about jointly adopting a child or if you wish to adopt your partner’s biological child, you should speak with a family law attorney who specialises in LGBTQ+ adoptions.

Private adoption agencies may have their own requirements

Texas law does not require prospective adoptive parents to be married. Single or unmarried parents can adopt if they aren't otherwise prohibited from adopting. However, some private adoption agencies, like American Adoptions, consider marriage as one of the internal qualifications to adopt a child in Texas. Individual agencies may have other requirements pertaining to marriage. For example, an agency may prefer that the couple is married several years before adopting.

Texas recognises common law marriage, which is also known as marriage without formalities or informal marriage. This is a valid and legal way for a couple to marry in Texas. Texas law states that a common law marriage may be proved by evidence that the couple:

> [The language above is quoting directly from the Texas statutes. The Texas Legislature has not yet amended the statutory language since the U.S. Supreme Court's decision in Obergefell v. Hodges, Despite that, same-sex common law marriages are now recognized in Texas.]

Same-sex adoption is now protected by federal law in every state thanks to the Supreme Court’s groundbreaking Obergefell decision. However, unmarried same-sex couples looking to adopt in Texas are likely still required to adopt as two single people jointly adopting the same child, not as a couple. This process requires one parent to go through the adoption process first, then the other, with a minimum six-month delay between the adoptions. If you and your partner or spouse are thinking about jointly adopting a child or if you wish to adopt your partner’s biological child, you should speak with a family law attorney who specializes in LGBTQ+ adoptions.

You should speak to a family law attorney

Texas law does not require prospective adoptive parents to be married, so single or unmarried parents can adopt if they aren't otherwise prohibited from adopting. However, some private adoption agencies, like American Adoptions, consider marriage as one of the internal qualifications to adopt a child in Texas. Individual agencies may have other requirements pertaining to marriage. For example, an agency may prefer that the couple is married several years before adopting.

Same-sex couples in Texas can adopt, and same-sex adoption is now protected by federal law in every state thanks to the Supreme Court's Obergefell decision. Unmarried same-sex couples can legally adopt in Texas, but they are likely still required to adopt as two single people jointly adopting the same child, not as a couple. This process requires one parent to go through the adoption process first, then the other, with a minimum six-month delay between the adoptions.

Because Texas recognises common law marriage, it is unclear how this change in policy will affect long-term couples who are unmarried. If you and your partner or spouse are thinking about jointly adopting a child or if you wish to adopt your partner’s biological child, you should speak with a family law attorney who specialises in LGBTQ+ adoptions. They will be able to advise you on the best course of action, taking into account your specific circumstances and the current legal landscape.

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