Legal Question in Family Law in Texas
Can a child be adopted out without birthfather's consent?
My brother's ex-girlfriend made and arrangement to adopt out their child before it was born. My brother has not forfeited his rights, but the proposed adoptive parents have physical custody of the child in another state. Is this legal?
2 Answers from Attorneys
Re: Can a child be adopted out without birthfather's consent?
Depending on what your brother wants to do, he needs to assert his paternal rights immediately before the process goes any further.
Re: Can a child be adopted out without birthfather's consent?
If your brother wants the child, he should assert his parental rights in a Suit Affecting the Parent Child Relationship (SAPCR). Providing he has means and a desire to raise the child, it is not unlikely that a judge would choose a parent over "proposed" adoptive parents. However, the test is what is in the best interests of the child.
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