Legal Question in Family Law in Texas

Re: What can be done

My recommendation would be to get the biological father's consent. You would not want to finalize the divorce only to have complications later. If you can contact the father, he would just need to sign an affidavit of relinquishment. You would then file the affidavit with a petition for termination and stepchild adoption. You would go through a proceeding where the affidavit of relinquishment would be used to terminate the biological father's parental rights. An order would be issued terminating his rights. Then you would proceed with the adoption portion. Please note that simply having the biological father sign an affidavit does NOT terminate his rights. You must have an order termination his rights. If you do not have any way to contact the father when you file the suit, he will have to be served by publication and then the court will appoint an attorney to represent his interests. The attorney will make due diligent efforts to locate him and then report to the court.

If the biological father has been aware of the birth of the child, not paid child support or not been a part of the child's life by his own actions, then if he refused to sign an affidavit of relinquishment, you could possibly have his rights terminate on the basis of abandonment.

Using an affidavit of relinquishment is not the only way to terminate his rights. It's just the easiest.

Good luck.