Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · CHAPTER 162. ADOPTION
Texas Codes

Tex. Fam. Code § 162.010 (2026)

Consent Required

✓ current as of May 2026
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Sec. 162.010. CONSENT REQUIRED. (a) Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed. The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause. A hearing on the issue of consent shall be conducted by the court without a jury.

(b) If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.

(c) A child 12 years of age or older must consent to the adoption in writing or in court. The court may waive this requirement if it would serve the child's best interest.

Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 76, eff. Sept. 1, 1995.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 2000–2024 · leading case: In the Interest of A.L.H., 515 S.W.3d 60 (Tex. App. 2017).
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In the Interest of A.L.H., 515 S.W.3d 60 (Tex. App. 2017). “See Tex. Fam. Code Ann. § 162.010 (a) (West 2014) (“Unless the managing conservator is the petitioner [for adoption], the written consent of a managing conservator to the adoption must be filed.”
in the Interest of A.M., A.M. & B.M., Child., 312 S.W.3d 76 (Tex. App. 2010). · cites it 4× “006(b)(2) should be read in conjunction with Texas Family Code section 162.010 governing adoptions.”
Celestine v. Dep't of Fam. & Prot. Servs., 321 S.W.3d 222 (Tex. App. 2010). · cites it 2× “009(b) with Tex. Fam.Code ANN. § 162.010(a) (requiring trial court to hold hearing to determine whether managing conservator is refusing or has revoked its consent to the adoption without good cause).”
in the Interest of H.G., K.G., J.G. & T.G., Child., 267 S.W.3d 120 (Tex. App. 2008). · cites it 3× “See Tex. Fam.Code Ann. § 162.010 (Vernon 2002).”
In Re Hg, 267 S.W.3d 120 (Tex. App. 2008). · cites it 3× “See TEX. FAM.CODE ANN. § 162.010 (Vernon 2002).”
in the Interest of C.M.C. & J.T.C., Minor Child., 192 S.W.3d 866 (Tex. App. 2006). “2d at 267 ; see Tex. Fam.Code Ann. § 162.010 (Vernon 2002).”
In the Interest of M.T., 21 S.W.3d 925 (Tex. App. 2000). “Tex. Fam.Code Ann. § 162.010(a) (Vernon 1996).”
In Re Cmc, 192 S.W.3d 866 (Tex. App. 2006). “2d at 267 ; see TEX. FAM.CODE ANN. § 162.010 (Vernon 2002).”
In the Interest of R.G.S. v. the State of Texas (Tex. App. 2024). · cites it 4× “See Tex. Fam. Code Ann. § 162.010 (a) (“Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed.”
In Re Am, 312 S.W.3d 76 (Tex. App. 2010). · cites it 2× “" To the contrary, the Appellants contend that consent cannot be withheld without good cause and should be waived by the trial court if it is in the best interests of the children.”
Gabriela Castro v. Jessie Contreras (Tex. App. 2022). · cites it 2× “Castro also argues in her first issue that the trial court abused its discretion by failing to hold what she contends is a mandatory hearing under Texas Family Code Section 162.010 to determine whether Contreras revoked his consent to her adoption of H.”
in the Interest of a Child (Tex. App. 2015). · cites it 2× “TEX. FAM. CODE ANN. § 162.010 (a) (West 2014).”
Show all 18 citing cases →
— Tex. Fam. Code § 162.010(a) — 7 cases
Celestine v. Dep't of Fam. & Prot. Servs., 321 S.W.3d 222 (Tex. App. 2010). “009(b) with Tex. Fam.Code ANN. § 162.010(a) (requiring trial court to hold hearing to determine whether managing conservator is refusing or has revoked its consent to the adoption without good cause).”
In the Interest of M.T., 21 S.W.3d 925 (Tex. App. 2000). “Tex. Fam.Code Ann. § 162.010(a) (Vernon 1996).”
In Re Mt, 21 S.W.3d 925 (Tex. App. 2000).
in the Interest of M.J.P. (Tex. App. 2016).
in Re J.O. (Tex. App. 2019).
— Tex. Fam. Code § 162.010(c) — 1 case
in the Interest of M.R. & X.R., Child. (Tex. App. 2022).
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