Both gay couples and allies have been asking us, “Can gay couples adopt in Texas,” and the good news is that, yes, gay couples have the same legal right to adopt as heterosexual couples.
The state of Texas doesn’t have any laws that explicitly prevent same-sex couples from adopting children, and they are eligible to pursue both foster care and private adoptions.
It’s important to understand what to expect, the legal steps to adopting, the support available to your growing family, and what a newborn adoption agency in Texas can do for you.
At Angel Adoption, we fully support LGBTQ+ families and are committed to guiding you through the adoption process with our personalized, one-on-one care. We believe every loving family deserves the opportunity to provide a safe, nurturing home, regardless of sexual orientation.
Well over two million LGBTQ+ adults in the U.S. are parents. Twenty-one percent of same-sex couples adopt children, compared to the three percent of heterosexual couples who do. It’s not only married gay parents who adopt — 300,000 single parents who identify as LGBTQ+ are raising adopted children. If you see adoption in your future as well, we are here to help!
Read on for a thorough explanation of the overview of the adoption process, financial considerations, and, importantly, the legal rights of gay couples adopting in the Lone Star State.
Understanding Adoption Laws for Gay Couples in Texas
Laws (thankfully) have changed over time, and today, same-sex couples can legally adopt both domestically and internationally.
Obergefell v. Hodges
A landmark moment for LGBTQ+ rights came in 2015 with the U.S. Supreme Court’s decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. This ruling significantly impacted adoption laws since adopting as part of an unmarried couple presents certain challenges. Obergefell v. Hodges did not specifically discuss adoption, but it made it easier for families of all kinds to experience the joy of adoption. This decision strengthened the legal framework for adoption.
LGBTQ+ families can adopt from both private agencies and foster care. When adopting from private agencies, gay couples can face biases and additional challenges.
Fulton v. City of Philadelphia
While the state allows adoption for same-sex couples, a June 17, 2021, Supreme Court decision, Fulton v. City of Philadelphia, No. 19-123, overturned a ruling from the 3rd U.S. Circuit Court of Appeals in Philadelphia. The unanimously decided Supreme Court wrote that faith-based foster and adoption agencies could refuse to work with same-sex couples looking to adopt. This has affected the outcome of the question “Can gay couples adopt in Texas?” to a more “usually but it depends” type of answer.
House Bill 3859
Governor Greg Abbott signed House Bill 3859 in 2017 in a decision of the same vein. There is additional ongoing litigation in Texas over this matter and related topics.
If you’re a gay couple interested in adopting, understanding same-sex adoption laws puts you in a better position to advocate for your family. Angel Adoption would never discriminate based on sexual orientation and match many expecting birth mothers with same-sex couples.
For more information on how we can support you on your path to a new family, our adoption resources are a great place to start.
The Adoption Process for Gay Couples in Texas (250 words)
The adoption process for gay couples in Texas follows the same procedures as for heterosexual couples.
Here’s a step-by-step breakdown of the journey:
1. Initial Consultation
The first step is meeting with an adoption agency. (You may also start by filling out an adoption application, which can be reviewed promptly.) During this consultation, you’ll learn about the agency’s services, wait times, fees, and more.
2. Home Study Requirements
In Texas, all prospective adoptive parents must undergo a home study by a licensed social worker. This includes background checks, fingerprinting, interviews, and home visits.
The goal is to ensure that your home is safe and that you’re prepared to provide a nurturing environment for a child. Texas also looks at each parent’s physical and mental health and ability to provide long-term care for their incoming child.
3. Matching Process and Placement
Once your home study is complete, the agency will begin the matching process. Your profile is shown to birth mothers looking for wonderful families for their babies. Your preferences (gender, health, and more) can influence this search as well. Discussing an open vs. closed adoption is also a critical part of this step.
Once a match is made, the birth parent and adoptive parents continue to build a relationship (if they so choose) until the baby is born. The goal is to match you with a child whose needs align with your family’s strengths. The agency will guide you through this stage and provide support during placement.
4. Finalizing the Adoption in Court
The birth mother can sign the adoption consent papers 48 hours after giving birth. Once the child is placed in your home, you’ll look forward to post-placement visits and, finally, finalizing the adoption in court. This legal step ensures that you are officially recognized as the child’s parents.
The Experts on LGBTQ+ Adoption in Texas
Here at Adoption Angels, we specialize in ushering LGBTQ+ families through all the stages of the adoption process — from creating an incredible portfolio to post-adoption resources. We have a long history of allyship: Since our founding in 1998, we’ve worked with same-sex couples which is something we are extremely proud of.
Our legal and regulatory knowledge and decades-long commitment to sensitivity and inclusivity is unmatched. We’ve always believed that love is love and there’s no better environment for a child than a loving one.
Potential Challenges and How to Overcome Them
While adoption is a rewarding experience, there are potential challenges that LGBTQ+ couples may encounter along the way. Part of the discussion around “Can gay couples adopt in Texas” involves discussing a few obstacles you might face along the way.
Being aware of these hurdles often makes it easier to navigate around them.
1. Bias from Some Agencies or Individuals
Unfortunately, some adoption agencies or individuals may harbor biases against LGBTQ+ couples, potentially making the process more difficult. This discrimination can occur during the matching process or when attempting to access services.
While discrimination based on sexual orientation is illegal, cases like Fulton v. City of Philadelphia on the grounds of religious freedom allow for some cases where denying services to gay individuals is legal.
2. Misinformation About Adoption Laws
There is a lot of misinformation about adoption laws for LGBTQ+ couples in Texas, leading to many asking, “Can gay couples adopt in Texas?” It’s important to rely on accurate information from trusted sources, like LGBTQ+-friendly agencies or legal experts.
3. Emotional Challenges During the Process
Adoption can be an emotional rollercoaster, filled with both moments of excitement and uncertainty. For LGBTQ+ couples, the path to adoption can be further complicated by societal pressures or feelings of not being fully supported.
Why Choose an LGBTQ+-Friendly Adoption Agency?
Choosing an LGBTQ+-friendly adoption agency is choosing a supportive and inclusive network of experts who have your backs at every turn.
Agencies that specialize in working with same-sex couples and LGBTQ+ families understand the specific needs and difficulties that the community faces. Your agency should be able to guide you through these with a respectful and personalized approach.
Benefits of Working with an LGBTQ+-Friendly Agency
If you ask, “Can gay couples adopt in Texas,” and you get an enthusiastic, excited “Yes!” that’s a sign of a good agency.
Here are a few reasons to team up with an inclusive agency:
- Reduced Stress: An LGBTQ+-friendly agency cultivates an environment of acceptance and understanding. Knowing that you’re working with professionals who respect your family structure can significantly reduce stress during the adoption process.
- Personalized Guidance: Top-tier adoption agencies can share personalized advice based on your individual needs. Whether that’s wading through legal complexities or looking for support groups near you, LGBTQ+-friendly agencies have the expert guidance you need.
- Access to a Network of LGBTQ+ Adoptive Families: Working with an inclusive agency gives you access to a broader community of LGBTQ+ adoptive families. See what their community is all about — does it connect you to others who share your goals, values, and experiences?
Signs of a Supportive Agency:
Being an ally can’t be summed up in only three bullet points, but here’s our best try:
- They actively promote LGBTQ+ inclusivity on their website and in their content.
- They can connect you with specialized support services and legal advice for same-sex adoption laws.
- The environment is welcoming — for all prospective parents.
Financial Considerations for Gay Couples Adopting in Texas
Adopting a child is a beautiful and life-changing decision, and like with all life-changing decisions — there are financial considerations.
Doing a thorough review of the costs associated with adoption and exploring available financial assistance options can help you prepare for what lies ahead.
Adoption Costs:
Common costs involved in adopting can include:
- Agency Fees: Adoption agencies’s fees cover critical sources like matching, support, and counseling.
- Legal Fees: An attorney handles the legal aspects of the adoption process, including finalizing the adoption in court. Adoptive parents may cover the birth mother’s legal fees as well.
- Home Study Costs: The home study, an essential part of the adoption process, is mandated by Texas state law. The cost for this service typically ranges from $1,500 to $3,000.
Financial Assistance Options:
Adopting can be expensive, but you don’t need to be in the one percent to do it. We find that most successful adoptions are associated with family incomes of $75,000. Prospective parents need to show that they have the financial resources to care for their new baby, but there are also financial assistance options available to help a variety of families adopt.
- Adoption Tax Credit: Federal adoption tax credits can help offset some of the costs associated with adoption. Individuals with a modified adjusted gross income of $252,150 or less are eligible for the adoption credit ($16,810 as of 2024). This amount decreases for incomes between $252,151 and $292,150 and cannot be claimed by those who earn more than $292,150.
- Grants and Loans: Several adoption grants and loans are available to prospective parents, including those for LGBTQ+ families. These programs can help ease the financial burden. Crowd-funding is another common option, as are employer benefits (paid leave, financial assistance, support services, and more).
Now it’s time to answer, “Can gay couples adopt in Texas, and is there an income requirement?” To keep it short (and vague) — yes and no. There are no income requirements to adopt in Texas, but it is required to show evidence of financial stability.
Put together your record of pay stubs, savings, income tax forms, and similar. Accounts of bills (mortgage, rent, or car payments) and any debts (like student loans or credits) should also be present and accounted for.
FAQ Section – Common Questions from LGBTQ+ Adoptive Parents
1. Do Texas adoption agencies discriminate against LGBTQ+ couples?
LGBTQ+ couples have the same legal rights to adopt as heterosexual couples. While agencies may have their own policies, many agencies in Texas are LGBTQ+-friendly and actively support and advocate for individuals growing their families through the magic of adoption. It’s important to work with an adoption agency that is inclusive and has an impressive record of building families with gay, lesbian, and LGBT adoptive parents.
2. Can single LGBTQ+ individuals adopt in Texas?
Yes, Texas law allows single people, regardless of their sexual orientation, to adopt children. The adoption process for single parents is relatively similar to that for couples, but additional documentation, like evidence of a childhood support network or a single status affidavit, may be required.
3. What’s the difference between foster care adoption and private adoption for LGBTQ+ couples?
The main differences between foster and private adoption tend to surround the process, cost, and control over the adoption experience.
- Foster Care Adoption:
Foster care adoption is generally less expensive compared to private adoption. Adoption through foster care may also offer financial assistance through subsidies for medical or other related expenses.
However, foster care adoptions typically see more uncertainty and less control over the timeline and matches. While private adoptions can face disruption or dissolution, it’s more common for a child to return to their biological family if circumstances change.
- Private Adoption:
Private adoption gives prospective parents more influence over the process, as they can choose an agency or attorney who can connect them with a birth mother or child who all match in terms of preferences.
Private adoptions often lead to a quicker match and a more predictable process, as both parties voluntarily participate. It’s also more likely to give you chances to build a relationship with the birth mother before finalizing the adoption. The cost can be higher due to agency fees, legal fees, and birth parent expenses.
Both options have benefits; the best choice depends on the couple’s preferences, financial situation, and readiness for parenting.
4. Can a same-sex spouse adopt their partner’s biological child in Texas?
Part of the question “Can gay couples adopt in Texas,” is about adopting a partner’s biological child. Yes — adoption rights for gay couples include the ability to adopt a partner’s biological child in Texas. This process is known as step-parent adoption.
After a step-parent adoption, the adoptive parent is granted the same parental rights as the biological parent. The adoption process is generally straightforward: The legal procedure includes filing paperwork, attending a court hearing, and obtaining consent from the other biological parent (if applicable).
Building Your Family with Confidence
As a gay couple, you have every reason to pursue adoption. LQBTQ+ families have the same legal right to parenthood as heterosexual couples.
Many agencies, like Angel Adoption, proudly offer inclusive support, taking hopeful parents through the adoption process. Whether you’re considering foster care adoption or private adoption, the right agency can help make your family-building dreams come true.
Take the first step toward parenthood — fill out an adoption application and speak with an LGBTQ+-friendly adoption expert today. Whether you have questions about adoption rights for gay couples or how to build an adoption village, we’d love to talk to you!
Your Adoption Journey Starts Here
We hope we answered your questions surrounding “Can gay couples adopt in Texas”.
To recap, gay couples in Texas have equal legal rights to adopt, and while there may be some challenges along the way, the right agency can make storms feel like smooth sailing.
Angel Adoption is here to share our insights, recommendations, and support gathered from decades in the business and share our network of birth mothers looking for families just like yours. After all, love is love, and we are so excited to help more babies grow up in loving, warm, and supportive homes.
Start your adoption journey today with a trusted LGBTQ+-friendly agency!
