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Who May Be Adopted

The Texas Family Code provides that a child residing in this state may be adopted if:

  1. the parent-child relationship as to each living parent of the child has been terminated;
  2. the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
  3. the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or
  4. the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoptin is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.