Legal Question in Family Law in Texas

Re: Adoption

The law of the State of Texas considers only what is in the best interests of the child. If the biological father is current with child support, exercising his visitation rights and maintaining a relationship with the child, then he might be able to oppose successfully any attempt to adopt.

Re: Adoption

"The best interest of the child will always be the primary consideration of the court"

That is the general rule in Texas - unfortunately it doesn't answer anyone's question.

The Texas Family Code Sec. 153.131 contains a presumption that the parents be appointed the managing conservators of the child.

As a practical matter, if you know who the biological father is, and if he agrees to the adoption & will sign for the termination of his parental rights, you should contact an attorney to begin that process.

However, if the biological father is involved with the child, and won't sign over his parental rights, you may have a very difficult (and costly) attempt at forcing the termination of his parental rights. First, you have to have grounds for an involuntary termination, and also have to show it is in the best interest of the child. Chapter 161 of the Texas Family Code has the requirements for termination of the parent-child relationship.