Legal Question in Family Law in Texas
Can an inmate be forced to give up their children for adoption
My incarcerated son has already had his parental rights taken away and his children's last names changed. Now his ex wife wants her current husband (her 2nd in the last 5 years) to adopt my son's children. My son will not be eligible for parole until the children are adults. Why should he agree, or why should he not agree to the adoption? Can the adoption proceed without his consent?
2 Answers from Attorneys
Re: Can an inmate be forced to give up their children for adoption
If his parental rights have been terminated, then he no longer has a voice in the adoption proceedings.
Re: Can an inmate be forced to give up their children for adoption
He can't be forced to give up his rights, but a court can terminate them without his consent if it is the best interest of the children.
If your son's rights haven't actually been terminated yet, it will make an adoption more difficult and expensive for the mother and step-father, but in the long run there is a good chance they would be able to do it even without his cooperation.
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