Does “parents” under the Texas Wrongful Death Act include adoptive parents, stepparents, foster parents or grandparents? What if a deceased child’s parents are divorced?
An adoptive parent may bring a wrongful death claim for the death of his or her adopted child, but no claim can be asserted by stepparents or foster parents. Nor can grandparents bring a suit for the wrongful death of a grandchild.
Divorced parents can bring a lawsuit for the wrongful death of their child in Texas.