Many grandparents across the United States have been tasked with being the primary caregiver for their grandchildren.

The Public Broadcasting Service (PBS) reports that 2.7 million American grandparents are currently in charge of raising their grandkids.

If you are a grandparent raising a child, it might be the right time to consider legally adopting your kid. As our Austin, TX, grandparent rights lawyer explains, there are many benefits associated with legal adoption.

What are the Benefits of Legal Adoption for Grandparents

Some grandparents may view the legal adoption of their grandchild to be unnecessary. After all, if you already have such a close blood relationship, does it matter if you have official documents from the state of Texas? The answer is a resounding yes; it makes a difference. Legal adoption gives you access to full parental rights.


Becoming a legal guardian of a child helps to simplify many day-to-day tasks. Adoption gives you the same legal authority that a child’s parents possess.

For example, imagine your grandchild getting sick and needing to go to the doctor. With legal guardianship, you have the clear authority to make medical decisions for the child. Without guardianship, this becomes a lot more challenging. A doctor may not consent to your wishes.

The same applies to some other important decisions, like educational matters. There can be financial benefits associated with grandparent adoption as well. For instance, if you are on an insurance plan or you obtain any benefits through employment, your grandchild may not be able to be included as a beneficiary unless you have legally adopted them.


Beyond any practical or financial advantages, grandparent adoption has another huge benefit: you can help your grandchild achieve a much-needed sense of stability.

Of course, every family is different, but when grandparents raise their grandchildren, the kids experience some disruption with their biological parents and in their home environment. The loss of stability can be difficult for a young person to cope with. Legal adoption can make your grandchild feel like a full family member.

Understanding the Process of Grandparent Adoption


Before a grandparent can adopt their grandchild, all other parental rights must be terminated. This can be done with an Affidavit of Relinquishment (Texas Family Code – FAM § 161.103). How easy (or difficult) this step will be depends entirely on the specific facts of your case. Sometimes, the child’s parents may no longer be around, or they may be willing to relinquish their rights. In other cases, grandparents may need to fight to protect their grandchild from a parent putting them in danger.


Before a legal adoption can occur, the Texas Department of Family and Protective Services (DFPS) must conduct an official home study. Even if your grandchildren live with you and have done so for several years, a home study will still be required. A home study should not stress you out. While you must prepare for it carefully, remember that it is not meant to be adversarial; DFPS is only there to confirm that you can provide a safe, healthy environment for your grandchild.


In Texas, most children who are twelve years old or older must consent to an adoption. If the child does not consent, the court may not approve the adoption. Though, Texas courts do have the authority to waive this requirement if they believe the current parent-child relationship is not working and the child is not acting in their own best interests.


Finally, all grandparent adoption cases require a court hearing. In some cases, this can be a relatively quick process. Parental rights may be terminated, and grandparent adoption may be finalized all in one hearing. However, that is certainly not always the case. The adoption process can be complicated. If you are a grandparent considering adopting your grandchild, it is highly recommended that you seek guidance from an experienced Texas family law attorney.

Get Help From an Experienced Texas Grandparent Adoption Lawyer Today

At the Law Office of Ben Carrasco PLLC, our Austin grandparent adoption rights lawyer has extensive experience handling adoption claims. If you are a Texas grandparent seeking to adopt your grandchild legally, we can guide you through the complex legal process.

To schedule a fully private review of your grandparent adoption case, please call us at (512) 320-912 or contact us through our website. We represent grandparents in Austin and throughout the surrounding communities in Central Texas.

About the Author
Ben Carrasco is a highly skilled family law attorney based in Austin, Texas, known for his extensive expertise in family law and business litigation. While his primary focus is family law, Ben brings a wealth of experience in litigating diverse business disputes, ranging from breach of contract and collections to business torts, fraud, and real estate matters. In his family law practice, Ben navigates all aspects of the field, including divorce, child custody, support, property division, and more, offering clients expert guidance throughout the litigation process. His legal journey began in complex commercial litigation, initially with a global law firm and later with a prominent Austin-based firm. However, driven by a desire to make a direct impact on people's lives and embrace the human element of the law, Ben transitioned to family law, a decision that has proven to be deeply rewarding. A proud Austin native with roots in California, Ben completed his undergraduate studies at the University of California, Berkeley, before earning his law degree at Stanford Law School, where he excelled in legal writing and served as an associate editor of the Stanford Law and Policy Review.