Legal Question in Family Law in Texas

Biological father's parental rights

My daughter's biological father has never been in her life. He actually moved out of state 2 days after I told him I was pregnant. There has never been a paternity test, because at the time I thought he wouldn't have parental rights. I even went as far as not listing him on the birth certificate. He has never, in almost 4 years, tried to make contact. I am now engaged and my fiance wants to adopt my daughter as his own. I thought about just having him put his name on her birth certificate, which he is willing to do, but I'm not sure what the ramifications of this would be. What can I do? He has been the only father she has ever known. Without a paternity test, can't I just do whatever I want? If my fiance has to adopt her, what is the process? I really don't see the biological father coming back into the picture, since he has denied paternity after saying he would take responsibility (that's when he moved out-of-state). I feel like I should be able to let my fiance sign the birth certificate and claim her as his biological daughter. Thank you in advance for all of your help.


Asked on 9/20/05, 2:22 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: Biological father's parental rights

I'm sorry but you legally can't do whatever you want. The bio father has parental rights. Just because he is irresponsible doesn't mean that he doesn't have legal rights. If your fiance wants to adopt the child, the bio father's rights must first be terminated. Sounds like he wouldn't object, so it's better to do things legally rather than take short cuts.

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Answered on 9/20/05, 4:59 pm


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