With more same-sex marriages and domestic partnerships being formed throughout Texas and the rest of the United States, same-sex couples are facing a legal dilemma: who is the legal parent of a biological or an adopted child in the event that same-sex marriage takes place? If you are in a same-sex marriage or relationship and are interested in pursuing a second-parent adoption, Texas family law attorneys are the first people you should call to start the process.

What is a second-parent adoption?

A second-parent adoption is a type of adoption in Texas that allows a second person to adopt a child without interfering with the rights of the child’s other parent. This is similar to a stepparent adoption. A second-parent adoption is also often referred to as a same-sex parent adoption or co-parent adoption.

For same-sex couples, then, a second-parent adoption allows for the spouse of the child’s adoptive or biological parent to also have child custody. In other words, a second-parent adoption allows for a child to have two legal parents, even if only biologically born to one of those parents, or adopted by one of the parents.

How Second-Parent Adoption Works in Texas

A co-parent or second-parent adoption is only allowed in the event that the person who is seeking adoption is the legal spouse/partner of the individual who is the legal adoptive parent of the child to be adopted, or the legal, biological parent of the child to be adopted. Furthermore, Texas’ Family Code also reads that an adoption is only allowable in the event that it is within the “best interests” of the child.

In most cases, having a child be raised by two loving parents, rather than just one, is considered to be in the child’s best interests.

Consult with a Family Law Attorney Today to Learn More

If you are in a same-sex relationship and your or your partner is the legal parent of your child, and you would like to seek a second-parent adoption so that you can both be considered the child’s legal parents, a family law attorney can help.

At The Texas Divorce Lawyer, our family law lawyer will advocate for you and your family, and guide you through the process of seeking a second-parent adoption. To learn more about your rights, schedule a consultation today. Call 214-265-7630 or fill out this online form.