Combined Termination and Adoption of Stepchild
The forms in this chapter of this manual are specifically designed for the termination of the rights of one biological parent and adoption by the remaining parent’s spouse. The two causes of action are joined. See Tex. Fam. Code § 162.001(b)(1).
The forms also contain pleadings appropriate to terminate all legal relationships and rights that exist or may exist between a child and an alleged father who is not the child’s presumed father, so that the child may be adopted by a stepfather.
Stepparent adoptions ordinarily will not affect the right of a biological or adoptive grandparent to seek access under Family Code chapter 153 since one of the child’s biological or adoptive parents will remain a legal parent after the termination. Tex. Fam. Code § 161.206(c); see Tex. Fam. Code §§ 153.433, 153.434. However, a grandparent seeking possession or access must meet stringent requirements, including overcoming the presumption set forth in section 153.433(a)(2).
For information on termination of parental rights, see the practice notes in chapter 50 of this manual. For information on adoption, see parts I. and II. of the practice notes in chapter 51. Necessary ancillary forms will be found in chapter 53. Part III. of the practice notes in chapter 51, entitled “General Information on Birth Records,” contains information concerning updating birth records to reflect an adoption.