You probably have questions about birth father’s rights in adoption in Texas if you’re considering adoption after a surprise pregnancy. It can be complicated, and birth father rights in TX may impact your adoption plan.
If your child’s father isn’t supportive of your plan, adoption may still be possible. Have you wondered, “Must the father consent to the adoption?” or “What happens if the father doesn’t sign the birth certificate in Texas?”
Every birth mother-birth father relationship has its own dynamic, which is why the topic of birth father’s rights in adoption in Texas is complex. Always speak with an attorney or adoption specialist about birth father’s rights in TX before moving forward. To speak to someone about adoption birth father rights in Texas, please complete our online form.
Below, you’ll find an overview of birth father rights in Texas, but it’s not a substitute for professional legal advice. Please consult an adoption attorney or other professional when researching birth father’s rights in adoption in Texas.
Birth Fathers in Adoption: The 3 Types
Birth father’s rights in adoption in Texas are protected by law, but every situation is unique. It’s difficult to determine the ways birth father rights may impact your journey without professional help. Please consult an adoption professional before moving forward.
Birth fathers are usually categorized into one of three groups: supportive birth fathers, unsupportive birth fathers, and absent or unknown birth fathers.
Supportive Birth Fathers
A birth father who accepts that adoption is the best choice for all involved is considered supportive. A supportive father sets the stage for a smooth experience. He can collaborate with you throughout your adoption journey, which is beneficial. Supportive birth fathers can be married to the birth mother or unmarried but still supportive.
A supportive birth father can work with you on several important parts of the adoption process, like:
- Creating an adoption plan
- Selecting the adoptive family
- Deciding on a post-adoption contact arrangement
- Making a hospital plan
A supportive birth father usually indicates that birth father rights in Texas won’t impede you from putting your child up for adoption.
Unsupportive Birth Fathers
Some fathers aren’t supportive of the adoption plan, and the father can legally contest the adoption through family court. That can sometimes block an adoption, but not in all cases. You should know that even when a father is unsupportive, adoption may still be an option for some pregnant women.
An unsupportive birth father may try to sway you into seeking an abortion or parenting the child, whether that’s right for you or not. Still, an unsupportive birth father doesn’t prohibit you from placing your child for adoption automatically. Talk with an adoption attorney or adoption specialist to learn about the birth father’s rights in adoption in Texas.
Absent or Unknown Birth Fathers
You may not know who the father is, or you may know him but not know how to reach him. Though birth father’s rights in adoption in Texas are still in effect, in those circumstances, you may still be able to put your child up for adoption without birth father consent. Please speak with an adoption professional or attorney to learn how to move forward.
Does Texas Maintain a Putative Fathers Registry?
State law protects birth father rights in Texas through its Paternity Registry, also known as a putative fathers registry. It allows men the opportunity to claim paternity of a child. A putative father is an unmarried father, or a man claiming to be the father of a child.
Are you wondering, “Does the father have to sign the birth certificate in Texas for adoption to be possible?” or, “Can a mother refuse to put father on the birth certificate in Texas and still choose adoption?” You should know those answers are dependent on the details of your situation.
In Texas, men claiming paternity can register with the putative father registry at any time within 31 days of the child’s birth. Once registered, the putative father must be notified of any legal proceedings related to the child. The claim of paternity will be handled by the state attorney general’s office, and the validity of the claim will be decided by the court.
All paternity claims aren’t validated, so a claim alone doesn’t always stop the adoption process. To learn more about the putative father’s registry and birth father rights in Texas, please speak to an adoption attorney or an adoption professional.
Moving Ahead with Adoption While Respecting Birth Father Rights in Texas
We’d like to repeat that this guide doesn’t replace sound legal advice from a professional. You should discuss your situation with an attorney or adoption professional before moving forward. Your circumstances are unique, and the birth father’s rights in adoption in Texas will impact your journey in unique ways.
For additional information, please speak to an adoption attorney or adoption professional about birth father’s rights in adoption in Texas when moving forward with your adoption plan.
