Legal Question in Family Law in Texas

A teenage girl who had difficulty supporting herself gave up her baby to a slightly older friend for adoption. The adoption was based on the idea that this family friend and her husband would be good parents to this child. The husband left the adoptive mother soon after the adoption, and she has since been in trouble with the law and left the adopted child in the care of her grandmother. The girl who gave up her baby has been allowed to have a relationship with her biological daughter, which was a condition of the adoption in the first place. Could the man who abandoned the adoption enter into a contract to give his half of the parental rights back to the biological mother? If there is no precedent for this, is it feasible that a court may set precedent with this case?


Asked on 6/29/10, 8:23 am

2 Answers from Attorneys
Mark Dunn Mark D. Dunn

You'll want to look at section 102.006 of the Texas Family Code.

One cannot confer parental rights "by contract." There has to be a suit filed in the court of competent jurisdiction.

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Answered on 6/29/10, 12:51 pm
Bob Leonard Bob Leonard Law Group, PLLC

One someone has had her parental rights terminated, she is no longer a parent of the child. Once someone adopts a child, he is the father. He cannot give his rights to her or anyone else.Even if he terminated his rights, she could not get them back.

There is a reason why attorneys frequently ask their client in court if the client understands that an adoption is forever.

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Answered on 6/29/10, 2:09 pm


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