In the state of Texas, a biological father has just as many rights to the baby as the birth mother does. In the case of adoption, consent must be received from both parents in order to proceed. Thus, a birth mother cannot put her baby up for adoption without informing the birth father first. However, a father must be a legal father in the state of Texas’ eyes first before he can claim rights to the baby. A father who is not married to the mother is not a legal father. Nor are you a legal father just because your name was placed on the birth certificate. In Texas, you have to be declared a legal father.
To be declared a legal father, you have to unequivocally establish that you are in fact the father. This is done via a paternity test, or if the biological mother agrees you are the biological father, then you can fill out an Acknowledgement of Paternity, which will then allow your name to be placed on the birth certificate. Once this occurs, the biological father has the same rights as does the biological mother.
As mentioned previously, the biological mother cannot put the baby up for adoption without the biological father’s consent. If the biological father wants custody of the child, he will need to hire a family lawyer and go to court to demonstrate his commitment to raise the baby.
In general, AIM Adoptions in Houston has found that most biological fathers agree to put their baby up for adoption if the mother so desires. However, if the father is contesting the adoption, the process will indefinitely be delayed until an outcome is determined.
There are exceptions to having the father consent to an adoption. If the biological father has abandoned the baby, neglected the baby, failed to pay court-ordered child support, or is unfit, then his consent for adoption is not always required.
Texas has a six-month statute of limitations to challenge an adoption. This allows for the adoptive parents then to have full peace of mind that their adopted baby will be a part of their family forever. It also gives some leeway for fathers who find out after the fact that they fathered a child. For instance, if the father cannot be located to be told, a baby can often be given up for adoption if the court agrees. However, fathers must be responsible as well, so if a father suspects he has fathered a child, it is his responsibility to find out.