Article on Establishing a Parent-Child Relationship in Texas
Country singer and songwriter Chris Young sang about his stepdad in a song released in 2006 titled “He’s My Dad.”
I’m 6’4”, he’s 5’10”, still I look up to him, like I did when I was just a kid.
When I’d strike out in little league, he’d sit with mom, and cheer for me.
And he’s been there for me ever since.
He’s more than my stepdad, he’s my Dad.
. . . .
He taught me what it means to be a man, follow my heart and take a stand.
Cuz of who he is I know who I am today.
I’m his son, cuz he’s the one that makes us family now.
Though we come from different worlds, love makes it work somehow.
We don’t share the same last name don’t look anything alike.
Through the good times, and the bad, he’s more than my stepdad,
He’s my Dad.
Let us pretend for a moment that Chris is twenty. His mother and stepfather are happily married, and his entire family lives in Texas. Chris has done a lot of thinking before leaving his hometown to attend college next fall. He and his stepfather are very close, and his stepfather is the closest thing to a father Chris has ever known. He wants his stepfather to adopt him-he wants to be his stepfather’s legal son-so Chris hires an attorney. The attorney puts together the paperwork, which includes a petition for Chris’s stepfather to adopt him, signed and consented to by Chris. The judge signs off and it is official: Chris has a new last name. Chris is now his stepfather’s legal son.
This story is sweet. This story is not uncommon. This story, unfortunately, has an unexpected ending for Chris. Why? Although this adult adoption process has legalized the relationship he had with his stepfather, under Texas law, Chris has likely severed all legal ties to his biological mother.
This comment seeks to educate the Texas legal community on the 2005 amendment to section 162.507(c) of the TexasFamily Code (Family Code) and section 40 of the Texas Probate Code (Probate Code) affecting the inheritance rights ofadopted adults in Texas. Part I explores adult adoption as a whole, including its regulation and growing popularity across the country. Part II looks at the technicalities of adult adoption in Texas, both pre- and post-2005 amendment. Part III considers potential legislative intent behind the amendment and the unintended impact on the more typical adult adoption scenario. Moving forward, Part IV covers the 2005 amendment from a practitioner’s perspective. Part V suggests a potential solution to the problem by examining solutions from other states and includes a proposed revision to section 162.507(c) of the Family Code.
Primarily, this article’s purpose is to draw attention to the complex issue of adult adoption as a means of preventing inheritance issues for families attempting to solidify a parent-child relationship between a stepparent and stepchild. The author’s efforts serve to motivate the legislature to make a minor tweak that could resolve the problem entirely.
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