Legal Question in Family Law in Texas

Adopting a child without consent of biological father

My fiance is pregnant. We will be married before she gives birth. I am not the biological father. I want to adopt the child. She is not sure who the biological father is, but one man thinks it is his and has threatened to fight for custody. What rights do we have? What right does he have? What should we expect to happen?


Asked on 3/27/01, 3:14 pm

2 Answers from Attorneys

James Grissom Law Office of James P. Grissom

Re: Adopting a child without consent of biological father

Any decision made in this matter will be decided on what is in the best interest of the child. The bio father may have a right to visitation with his child if he wants to fight for that. Most men don't do that in these situations. You could ask the Court to terminate his parental rights in the best interest of the child that you and the mother raise the child as a family. He probably doesn't really want to be involved - just wants to cause trouble. If you want to adopt the child he will have to have notice and an opportunity to appear in court to assert his interest in the child. He can waive that opportunity but must be in writing before a notary. If he doesn't appear in court at the adoption hearing, you will win and he will lose. If you want my assistance in this matter, call me at 1-888-243-0560.

Thanks,

Jim Grissom

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Answered on 5/31/01, 2:51 pm
Gerald R. Yoakum The Practice of Gerald R. Yoakum, P.C. A Full Service Law Firm

Re: Adopting a child without consent of biological father

The burden to prove the father of the child will

be on the man who says he is the father, unless

they were married. (Even common law) the mother

can put any persons name on the birth certificate

she chooses. Texas has a paternity registry for

men who want to claim possible fatherhood of an

unborn child. These matters are very complicated;

I can help you if you are in the Houston area.

This is a matter you will want to hire an attorney

to protect your rights or prepare the adoption.

E mail me if you need further assistance.

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Answered on 6/01/01, 7:22 pm


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