My girlfriend and I are a lesbian couple. She was raped and decided to keep the baby. I want to no in the state of Texas can I legally adopt her baby so we can raise it together?

Texas doesn't recognize same sex marriage, so if you were to adopt her baby, she would give up all rights to the child, which I assume she doesn't want to do. You could move to a state that does allow you to marry.

Texas has no laws against it, but it also has no laws protecting their rights to adopt. Since Texas does not reconise gay marriage or relationship, and not all courts will accept or allow.

The Same Sex couple will have to go though a home review, as does any couple has to.
So the judge you get can even make a difference in being allowed

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Originally Posted by Fr_Chuck

Texas has no laws against it, but it also has no laws protecting their rights to adopt. Since Texas does not reconise gay marriage or relationship, and not all courts will accept or allow.

The Same Sex couple will have to go though a home review, as does any couple has to.
so the judge you get can even make a difference in being allowed

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Some of the wording of the above suggests that, despite the fact that Texas defines marriage as being between a man and a woman, luck of the draw may enable OP to do a "step-parent adoption". I question how that would be possible, since a step-parent adoption requires that the would-be parent be married to the other parent (the parent of the adoptee child).

Quote:

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Originally Posted by AK lawyer

Some of the wording of the above suggests that, despite the fact that Texas defines marriage as being between a man and a woman, luck of the draw may enable OP to do a "step-parent adoption". I question how that would be possible, since a step-parent adoption requires that the would-be parent be married to the other parent (the parent of the adoptee child).

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According to the Human Rights Campaign website, any adult can petition for adoption in Texas. There are no explicit laws that prohibit gays and lesbians from adopting. Adoption petitions filed jointly by same-sex couples have also been previously approved by courts in Texas. A person can also adopt a partner's child as a stepparent.
From: http://www.adoption.org/adopt/texas-adoption.php

According to this article there is precedent for approving adoptions by "partners" other than someone in a legal marriage.

So get yourself a local Family Law attorney who can do this. It certainly seems possible. But I wouldn't even think of attempting it without an attorney. You won't be able to file anything until after the baby is born, but you can certainly shop around for an attorney now.

On a side note, was her rapist caught and convicted? That could be a stumbling block. http://thestir.cafemom.com/in_the_ne...s_have_custody

Was the rape reported and the perp prosecuted?