What Texas Families — Especially LGBTQ+ Parents — Need to Know About House Bill 461
On September 1, 2023, Texas made a significant change to how second-parent adoptions are handled, offering relief to many families across the state — especially LGBTQ+ couples. With the passage of House Bill 461 (HB 461), courts now have the discretion to waive the previously mandatory home study requirement for second-parent adoptions under certain circumstances.
This blog post explores what that means, how it affects the adoption process, and what families should know going forward.
What Is a Second-Parent Adoption?
A second-parent adoption (sometimes called a co-parent or stepparent adoption) allows one partner to legally adopt the other partner’s child without the biological parent giving up their rights. This is particularly common among same-sex couples, where one parent may not be biologically related to the child. Without a second-parent adoption, the non-birth parent does not have a legally recognized parental relationship with the child, even if the couple is married and even if the non-birth parent is on the birth certificate.
Through second-parent adoption, birth parents retain all of the legal rights and responsibilities of being a parent, and the non-birth parent gains equal parental rights and responsibilities — including the ability to make medical decisions, gain custody rights, and provide financial support.
The Old Requirement: Home Studies for Everyone
Until recently, every couple pursuing a second-parent adoption in Texas had to complete a home study, regardless of their relationship to the child. This evaluation, conducted by a licensed social worker, involved:
- A review of the family’s home environment
- In-person interviews and home visits
- Financial and health background checks
- Lifestyle assessments and documentation
- Written references from family and friends
Many families understandably found the requirement overly intrusive and totally unnecessary, especially in cases where the adopting parent had already been raising the child for years. The home study process could also take months to complete and cost hundreds to thousands of dollars.
The Problem with Mandatory Home Studies
Families and legal professionals alike have long criticized the one-size-fits-all nature of the home study requirement for second-parent adoptions. Common concerns included:
- Cost: Home studies often range from $500 to $2,500
- Time: Scheduling and completing an evaluation could take 2–6 months
- Invasion of privacy: Evaluators asked deeply personal questions, even in stable, long-term households
- Redundancy: In many cases, the child was already living full-time with both parents
The process sometimes felt more like a barrier than a safeguard — particularly for LGBTQ+ parents, for whom the legal system has historically posed additional hurdles.
What HB 461 Changed
With strong support in the Texas Legislature, HB 461 was passed and signed into law in 2023. The bill amended Texas Family Code § 107.153, allowing courts to waive the home study requirement for second-parent adoptions if they deem it unnecessary.
Key points:
- Judges now have discretion to waive the requirement
- Waivers are typically granted when the child is already living with both parents
- Home studies are no longer automatic in second-parent adoption cases
This change represents a meaningful step forward, removing unnecessary obstacles for loving families seeking legal recognition.
How It’s Working in Travis County
Since HB 461 took effect, Travis County courts have actively implemented the new flexibility provided by the law. Here’s how the process typically works:
- Filing a Motion: Parents file an adoption petition along with a motion to waive the home study.
- DRO Review: The Domestic Relations Office (DRO) reviews the submitted documentation, including any criminal history and involvement with child protective services.
- Judge’s Decision: If the information shows a stable, long-term family environment, judges are likely to grant the waiver.
- Final Adoption Hearing: Once approved, a hearing finalizes the adoption and grants full legal parenthood.
In most second-parent adoptions involving married couples, the home study is now waived — greatly reducing time, cost, and stress for the family.
What Is Still Required?
Even though home studies can now be waived, other legal and safety requirements remain in place, including:
- Background checks through DPS and the FBI
- Court approval via a final adoption hearing
These steps help ensure child safety while balancing privacy and efficiency for families.
Why This Change Matters
For many families, the ability to skip the home study is more than a legal shortcut — it’s a recognition of their legitimacy and love. The change brings a host of benefits:
✅ Faster timelines: Adoptions can be completed in weeks rather than months
✅ Lower costs: Families save on evaluator fees
✅ Less stress: Avoiding home inspections and personal interviews eases the emotional burden
✅ Greater equity: LGBTQ+ families no longer face unnecessary scrutiny to prove their ability to parent and provide a safe and stable home
At its core, this law supports children by making it easier for them to have two fully recognized legal parents — without forcing their families to jump through redundant hoops.
Considering a Second-Parent Adoption?
If you’re thinking about a second-parent adoption in Texas, now is a great time to move forward. Our office assists parents who reside anywhere in Texas. With recent changes in the law, the process is more straightforward than ever before.
That said, navigating the paperwork and legal system can still be complex. It’s strongly recommended to work with an experienced family law or adoption attorney who understands the recent updates and can help you file the proper motions to obtain a home study waiver when appropriate.
Final Thoughts
The passage of HB 461 is a win for modern families in Texas. By streamlining the adoption process and reducing unnecessary barriers, the law helps ensure that every child can have the legal protection of two loving parents, no matter their family structure.
Especially during times of political uncertainty, it’s more important than ever to secure parental rights through adoption.
Need Help with a Second-Parent Adoption?
Our law office proudly serves families of all backgrounds and orientations. As a lesbian mother of two who has gone through the second-parent adoption process herself, Meghan Alexander is the highly qualified and experienced attorney you need and want. Our experience is second to none. We stay up to date on the laws that impact you, and we’re ready to guide you through every step of your adoption journey.
📞 Contact us today to schedule a consultation with our experienced adoption attorney. Let’s make your family’s future stronger — together.
