Legal Question in Family Law in Texas
I have a question regarding an adoption and name change. I have recently been married and will be changing my sur-name to my new husband's. My son (10 years of age) has the last name of his birth father but his birth father never signed his birth certificate. We moved from AL to TX 8 years ago and his birth father never contacted us. (Domestic violence was the reason for the move). I want to change the last name of my son but am afraid I will be required to contact his birth father for consent even though he never signed the birth certificate. Is there anyway for me to complete the adoption change without contacting the birth father? If we only do a name change and not a full adoption can we avoid contacting the father?
Thank you for your help.
2 Answers from Attorneys
Based on what you have written, unless the biological father's rights have been terminated by a court of competent jurisdiction, the biological father will have to be contacted to obtain his consent. This is primarily due to the fact that the biological father has an interest in the outcome of any proceeding regarding his child. You really should consider consulting with a local law firm to assist you, as there may be other options available dependent upon more specific facts. If my law firm can assist you with this legal issue or any other legal matter, contact us at (281) 994-4034.
The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
There is no way to terminate a person's parental rights without notifying them. Since terminating a person's parental rights is so serious and permanent, the courts take it very seriously. Therefore, they make sure that the bio. parents understand fully what is happening and that their parental rights are protected.
Several years ago higher courts REVERED trial courts termination of parental rights and reinstated bio. parents parental rights. Can you image how this impacted children years later? No lower courts want this to occur again. So now they make sure that every i is dotted and every t is crossed. It make seem unfair to you but the court is actually protecting you against a higher court ruling against you years later in the future and reinstating the bio. dad's parental rights in the future.