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Kalish Law Texas

Divorce, Probate, Business Law- The Woodlands Kalish Law

(281) 363-3700
(281) 363-3700
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You are here: Home / Legal Blog / Step Parent Adoption for Same Sex Couples in Texas

Step Parent Adoption for Same Sex Couples in Texas

February 15, 2019 By Kalish Law Office

LGBTQ Kalish Law
step parent adoption LGBTQ families

Step Parent Adoption, Second Parent Adoption for LGBTQ families

“Step parent adoption” is the term used when any person adopts the child of their spouse. This can refer to families with heterosexual parents or families with same sex couples. “Second parent adoption” is often used to refer to a situation where a child only has one parent and that parent’s spouse/partner in a same sex relationship adopts the child.  You may hear the terms “second parent adoption” step parent adoption” and “same sex adoption” used interchangeably when referring to a partner in a same sex relationship adopting a child who is legally already the child of their spouse.

Who Can Adopt?

In Texas, the law states that a person must have “standing” to file an adoption case.  “Standing” is a legally valid reason and a situation that is recognized under law. Not just anyone can file a petition to adopt a child.

Formalized marriage of two years or more is most favorably looked upon by the courts. This is all true for ALL couples, including heterosexual couples. In the LGBT community, it is common to see a couple who has been legally married since 2015 or 2016, but had already been together for many years prior. So evidence is submitted to the court. Then the judge understands that the couple has been in a long-term, committed relationship even prior to the date on the marriage license.

What if the couple is not formally or legally married?

There are adoption situations that are a little out of the “ordinary” (Ordinary = two people formally married to each other). For instance, some people never got married formally but are informally married or “common law married” in Texas. In order for this to be the case, the couple must live together, agree to be married, and hold themselves out as married. There needs to be evidence showing that an informal marriage exists. Generally, it is best for the couple to be formally married to each other to show the judge that there is stability and commitment. This is true for heterosexual couples as well as LGBTQ couples.

What if there is “another parent”?

In some situations, there may be another parent in the picture. For instance, there may be a biological parent or sperm donor who is not involved with the child, but is still the legal parent of the child, or has a potential claim to parental rights regarding the child. 

If there are any potential unknown fathers (a case when a women is pregnant but may not be sure who the biological father is), or a “legal father” (a woman has a child while still legally married to a man who is not the biological father), the parental rights of these people will need to be legally terminated.

It is important to understand that in Texas all existing and potential paternal rights will need to be accounted for and dealt with legally before an adoption can be granted.

What happens after the petition is filed

Once an adoption is filed with the court, a court-approved Texas home study worker will be appointed to make a home study in the case. This happens even if the adopting parent has been there since day one of conception. That social worker will meet with the parents and examine the home and make a recommendation about the adoption to the court.

In addition, the judge MAY appoint an attorney specifically to represent the interests of the child, but that does not always happen.  This is up to the judge.

Both parents must have proper background checks performed and filed with the court.

Evolving area of law

There are some differences in the procedures from county to county. Each Judge has certain preferences and authority to determine how things are done in his/her courtroom.   

This area of law is relatively new, compared to other areas of family law, and it is not uncommon to find that some attorneys, courts and court staff are not yet experienced with this particular type of case.   

What to do next

If you have been thinking of filing an adoption case, the first step is to have a legal consultation with an adoption attorney who is familiar with the specific laws and procedures for LGBTQ families. You should gather any relevant documents (a copy of your marriage license, child’s birth certificate, paperwork from fertility institute or private contracts).

Here to help

Our adoption attorneys are honored and proud to be chosen by our adoptive families!

Contact us.

Editor’s note. This blog post was originally published on February 15, 2019 and was updated on June 17, 2020.

“Passionate, Professional and Personal. We Make the Difference.” Kalish Law Office has been serving businesses and families since 1984.

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Filed Under: Legal Blog Tagged With: adoption, child adoption, LGBT family law, LGBTQ, LGBTQ friendly, same sex adoption, same sex couples, same sex marriage, second parent adoption, step parent adoption, Texas family law

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Kalish Law Texas

3 Grogan's Park Dr.
Ste. 200
The Woodlands, Texas 77380
Phone: 281-363-3700

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Sonnya Spires
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Kalish Law Firm handled our estate planning. The whole team is very professional and friendly. Special thanks to Ms Maggie Gonzalez she was so patient and made us feel very comfortable. We would gladly recommend Kalish Law Firm.
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Very happy with Kalish Law Firm redid our will. They listened and explained our options for estate planning would definitely recommend.
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Sio and her staff are very professional and experienced. They did an awesome job for me and I highly recommend them.
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We were satisfied with the service we received . If you ever need their services we recommend them.
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Kevin Martin
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Here's some background- I'm the father of 2 fantastic kids, who’s mother is in law enforcement. I came to Sio desperate for help to modify my standard custody order in MoCo- seeking more time with my kids, more decision making authority, and the ability to hold my ex accountable to making choices that will benefit our kids and give them everything that they deserve.As a father, nobody believed this was possible. I had friends and family tell me I didn’t stand a chance. I even consulted with a different attorney once who refused my case, claiming fathers only win if there’s abuse or drugs involved. Then I found Sio…From day 1, Sio treated me as a parent- not “just a father”. Though she acknowledged that my case would be a battle, she never doubted what I was fighting for. Sio and her team were understanding and patient throughout this stressful time in my life, and took their time to help me understand the complicated family court processes. In the end, she DELIVERED. I was able to creatively modify my custody order to provide an arrangement that will truly serve my children.If you’re a good father looking to provide a good life for your kids, call Sio
Lovebug13
Lovebug13
02:37 19 Feb 22
Sio was my Lawyer her team amazing. They keep me update on any information about my case . They explained everything to me step by step. my case was successful. In any case make sure have all your documents and facts together.Thanks,Ladies and Kalish Law for all your hard work!
michelle stern
michelle stern
02:47 08 Jan 22
Sio was attentive and very responsive and supportive. I highly recommend her for any family law needs. Excellent service!
michael gordon
michael gordon
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Estate planning, Last Will and Testament…Good people, professional and courteous.
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Excellent Legal Representation, timely, efficient and very cost effective! Family based firm with strong & experienced staff of attorneys and paralegals. Mrs. Sio Petri has provided 5 star service for any of my legal needs! Our family travels from Beaumont Tx to the Woodlands because we are so impressed with this firm! Highly recommend!
Maria Colindres
Maria Colindres
01:48 01 Dec 21
I have the honor and pleasure to recommend the law firm KALISH LAW OFFICE and its incredible professional legal team. The lawyer SIO RAMIREZ PITRE is an excellent lawyer with an experience, Efficiency, responsibility, honesty and with a great professional approach that advises you at all times and In all aspects in your process, with her incredible and professional paralegal team who are constantly aware of your case in a responsible way, they are very responsible. Thank you MIRNA RAMIREZ, MAGGIE GONZALES, ADILENE RODRIGUEZ, for all your great work and legal advice and thank you Attorney SIO RAMOREZ PITRE for your dedication and commitment which exceeds all the required standards. I am more than grateful, very satisfied with your services ... May God always guide you to help all people that require your great work, it is my pleasure to give my recommendations to this great law firm Kalish Law Office and its team that is very Committed to help everyone.Thank you for all your support ..
Betty Jimenez
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22:05 12 Nov 21
Kalish Law Firm has been amazing with my legal needs.Mrs Sio Ramirez Pitre represented me for my divorce.Speacial thanks to Mrs Sio.Their team of lawyers, MR Bob Kalish and Mrs Laura Kalish as well as the entire staff, Paralegal Myrna Ramirez , Addy, and Maggie , all are efficient,,well informed,They always have the best interest in mind, the client and family in legal terms. I strongly recommend their legal skills.They will work hard for you.Thank you so much Kalish Law Firm.
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This office was so professional, friendly, prompt, and detailed. They helped me with my issue and I will definitely contact them again for any future legal needs!
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Probably the most complete and succinct law mind in the world will be working with you as they have with me. Bob Kalish He’s a consummate professional, and a winner through and through. Achieve your ends with confidence.
Marcy Halterman, D.C.
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00:15 10 Jun 21
Kalish Law was a big help not only in aiding in the preparation to sell a business, but also with making sure all the dots were crossed for our estate planning needs. They make sure you understand everything and exhibit a true desire to make sure they have taken care of your legal needs. I recommend them highly!
Nancy Poblenz
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Firm handled wills for my husband and me -they were knowledgable and answered all our questions very patiently. Bob Kalish and his team also advised us on need for durable power of attorney and guided us through the process of considering end of life issues such as DNR. Overall, very pleased with the service, the turnaround time for our documents was excellent and they were prepared exactly as we wanted.
L Fisher
L Fisher
00:40 21 Aug 20
I don't recommend Kalish Law to represent you in your divorce hearing. My case was dismissed for numerous reasons. Paperwork not being filed on time, and a missed notary seal. I never once received in a yr and half an invoice. After requesting a refund, her team sent me a bill for almost 8k! DO NOT HIRE THIS FIRM! My money was completely wasted. Oh let us not forget my child support was also dismissed as well. AGAIN DO NOT HIRE THIS FIRM!
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21:22 28 Aug 19
I used Kalish Law Services I believe a year or two ago. Sio, represented me during my child support/visitation with the father of my children that was highly difficult. She discussed all the possibilities and was very explanatory on how the process would go. She was straight forward and to the point. No time wasted. I was very pleased in how my experience went with everything and the great communication sio and her staff had with me. I would use their services again if the opportunity did arise. I do highly recommend them. They are so great.
Steve Horn
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Bob Kalish and his team worked hard to help me with my issues.
Ashley Gonzalez
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Sio has been representing me for the past year and a half. She has been understanding and has truly gone above and beyond for me and my children. I would highly recommend her for any family court cases you may have going on. Sio is the best when it comes to standing up and defending her clients. Her assistants Ann and Myrna have also been wonderful answering all of my questions and emails right away. Thank you guys so much!
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