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San Marcos Adoption Attorney

Adoption creates a parental relationship with the rights, powers, and responsibilities that entail that relationship between persons who, prior to the adoption, were generally legal strangers. The foremost concern in adoption proceedings is the safety, education, care, and protection of the children to be affected thereby.

Typically, any adult may petition to adopt a child. However, a child residing in Texas may only be adopted if:

  • The parent-child relationship has been terminated or a suit for termination is joined with the suit for adoption
  • The parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is a stepparent petition
  • The child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking adoption has been a managing conservator or has had actual care, possession and control of the child for six months preceding the adoption or is the child's former stepparent, and the non-terminated parent consents to the adoption, or
  • The child is at least two years old, the parent-child relationship has been terminated with respect to one parent and the person seeking adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption

A court must grant an adoption if the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child. The court has wide latitude in determining the best interest of the child. The court may consider its observation of the child and the child's testimony in determining the best interest of the child.

In some cases, when the statues in the Family Code are not strictly complied with, the result may be that the adoption technically did not take place. However, Texas courts recognize equitable adoption or adoption by estoppel. To have adoption by estoppel, there must be proof of an agreement to adopt and performance by the child. Any contract to adopt must be a present promise to adopt, not a desire or intention to adopt in the future. Performance by the child may consist of showing that the child conferred love, affection, companionship and other benefits on the adoptive parent due to believing they were in a parent-child relationship. If adoption by estoppel is permitted, the child can inherit under the laws of descent and distribution, and also may be treated as a legally adopted child for federal Social Security benefits.

Texas also authorizes for the adoption of an adult by another adult. In order to obtain the adoption of an adult, the adult to be adopted must consent in writing to be adopted.

Contact Us Today


From the initial consultation through the resolution of your case, we emphasize communication in order to keep you informed. If you have an adoption issue, call 512-212-4916 locally or toll free at 800-524-0139, or use our contact form to schedule a meeting.

What Our Clients Say...

I am well pleased with the way my case was handled. I indeed feel that I was treated with respect. Matthew J. Hill and his firm were responsible and diligent in communication with both me and the prosecution. Matthew J. Hill and his firm have my full recommendation as an attorney and a counselor. I am exceptionally satisfied with his service. ~ Johnathon A.
Mr. Hill is detail oriented and conscientious of his duty to his clients. His knowledge in the legal field is superior to others that I have known in the past. He is timely and does excellent work. He keeps his clients updated on the status of the work he was hired for. Mr. Hill goes above and beyond what is expected of him. He is personable, punctual and trustworthy. I will use Mr. Hill again in the future when needed. ~ Cindy C.
My husband and I went to Mr. Hill for a child support modification issue. We had so many problems with our previous attorney and we just weren’t getting anywhere. When we went to Mr. Hill, our concerns were wiped away. I remember leaving his office and feeling a big weight lifted off my shoulders. I knew we had a fight ahead of us with the Attorney General, but I felt confident in Mr. Hill’s work ethic and dedication. As always, the AG dragged their feet but with Mr. Hill’s persistence, we were able to get our modification completed and even backdated by about 7 months. He took care of the paperwork needed for my husband’s withholdings without us having to wait for the AG to send out the change to the employer and he even took care of getting directly with the person heading the AG office handling the case in Austin. I am very grateful for Mr. Hill’s time and attentiveness. He more than exceeded our expectations and I would go to him for any legal help I may be in need of. I will be utilizing his services again in the very near future and would recommend him to anybody who needs expert and professional legal guidance. You can NOT go wrong with Mr. Hill! ~ Vanessa V.
I would highly recommend Matthew Hill for legal representation. He was incredibly nice to deal with in an unpleasant situation. He really set my mind at ease, I always felt like he heard what I had to say and that he genuinely cared about my family. He explained things well and made good suggestions that always led me down the right path. His courtroom demeanor is poised and educated; he stands his ground and is a force to be reckoned with. He won for us and got the resolution we deserved. Thanks Matt! ~ Cory S.
Over the past couple of months, I have used Matthew Hill for legal advice and clarification concerning my recent divorce. From the beginning, Mr. Hill impressed me with his professional manner, knowledge of the law, conscientious use of time, and sound advice. I truly feel he has my best interests at heart as a client and is neither over-aggressive nor too lax. On the contrary, to date his advice has been legally and fiscally sound. Best of all, he is one of the few attorneys who is diligent in responding to his clients in a timely manner. I enthusiastically recommend Mr. Hill as a legal representative and will happily continue to use his services myself. ~ Adrian S.
Matthew Hill was recommended to me to by another attorney when I needed help with a legal problem related to a former employer. Matthew was very professional and was able to resolve the situation quickly and in my favor. I am happy to write this recommendation for Matthew Hill. ~ Kim H.
My name is Miguel and I am originally from California and when I was visiting by brother in Hays County, Texas there was an incident where my brother and I had a dispute after having had too much to drink. The police were called and I was taken to jail and charged with criminal mischief and assault bodily injury family violence. I was worried as I had no clue as to what was going to happen having never been in this situation before. I knew I had to find a good law firm that was going to help me every step of the way. That is why I turned to M. J. Hill & Associates. My lawyer, Matthew Hill, was informative, knowledgeable and hospitable. Having had prior experience with family violence cases he gave me sound advice and worked with me even after I returned to California. He fought and had my assault bodily injury family violence charged dismissed, and he resolved my other charge without me ever having to show in court. If I were ever in trouble in San Marcos again I would look up M. J. Hill & Associates because I know I can depend on them. ~ Miguel E.
I would recommend Mr. Hill for anyone needing a divorce attorney. I retained Mr. Hill’s services after a horrible experience with my first attorney. Mr. Hill agreed to take my case even though I had very little paperwork from my first attorney and had a court hearing scheduled for the following day! As tough as divorces are, Mr. Hill did a commendable job representing me. I was very impressed with how Mr. Hill focused on what was most important and best for my children. It is far too easy to want to lash back at your ex when going through a divorce, and it was extremely helpful to have someone who was not only on my side, but also on my kids’ side. The documents were handled quickly and accurately and the process went more smoothly than I would have expected. I am very happy with the outcome of my case. ~ J.F.
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