All About the Birth Fathers

By Jessica Hall

Initiating an adoption process in Texas does not require both birth parents to be present. As a birth mother, you retain more leverage over the decisions for the child’s well-being, including giving your child up for adoption. So if you’re ready, let’s discuss your rights, the process, and the birth father’s involvement. 

Who is the Birth Father? 

First things first, what is a ‘birth father’? A birth father is a term commonly used for someone biologically related to a child placed for adoption. He may be involved or has completely given up the parental rights of the child. Either way, he is still the birth father of the child. 

Who is Considered a Birth Father?

The birth father is considered a “legal father” if you were married when the child was born. Otherwise, he is the “putative father,” making it harder for him to claim parental rights in court.

Regardless of your relationship, this pregnancy might shock him. Perhaps he still needs to consider adoption or the process. He may react instinctively when you notify him. Adoption approval and disapproval have requirements and processes.

• If the birth father approves of choosing adoption, he is not required to be involved in the process.
• If he does not want to be involved, he may need to sign a Waiver of Notice or a Denial of Paternity.
• If he wants to be included, you two will need to work together to choose one of the local adoption agencies and complete the process.

Birth Father Consent

If the birth father does not approve of the adoption for my baby, he may be able to block the adoption from happening. However, this is not easy. Depending on state laws and regulations, the birth father must meet at least one of the following requirements to prove his rights. Otherwise, his consent is not needed to move forward with an adoption.

• You were married within 300 days of the birth.
• The birth father publicly acknowledged that the child is his and has received him or her within his home.
• The birth father’s name is on the child’s birth certificate.
• The birth father took care of you and the baby emotionally and financially within the time of knowledge about the pregnancy. 

In most states, it is required for the birth mother to notify, or at least attempt to notify, the birth father of her decision for adoption. If the father is not able to be located, you may need to prove that you’ve made every possible attempt to do so. This helps create a smoother adoption process when you create your adoption plan.

Can I Choose Adoption Without the Birth Father?

If you’re worried about notifying the birth father because you feel he is unfit to be a father, you may be required to notify him and take the decision to court if he is against the adoption. This is called ‘filing for custody. In court, he will need to prove that he:

• Is the birth father, which may include completing a paternity test.
• Can financially take care of the child
• Has adequate housing and steady employment.
• Does not have a history of drug abuse.
• Is not a felon.
• He is not a threat to you or the child

Adoption Resources

Birth fathers are not required to pay any child support if they’ve chosen adoption or relinquished their rights to the child. You also will not receive payment for your child, but you may be eligible to receive financial assistance for housing, needs, and medical appointments to ensure you have what you need during pregnancy. It’s important to us at Adoption Choices of Texas that you are safe, healthy, and stable while we create an adoption plan together. 

Choosing Adoption for My Baby

Choosing the private adoption agency that will handle your case is important. You want to make sure they’re responsive and respectful of your wishes. A popular Texas adoption center is our adoption agency in Dallas. We go above and beyond to ensure that you have a positive experience. At the adoption agency in Dallas, your choices get our support. You choose the family that will care for your baby and the type of adoption – whether it’s open, semi-open, or closed. You get to meet the potential adoptive family before finalization. Whatever makes you feel comfortable throughout the process and for your baby.

As an expectant woman or birth parent, to learn more about adoption, contact Adoption Choices of Texas. You can call us at 945-444-0333, text us at 945-444-0333, or email us here. If you are hoping to adopt, please visit us here.

We look forward to helping you through your adoption journey!

Adoption Choices of Texas es la única agencia de adopción con servicios completamente en esapñol en el estado de Texas. Si está embarazada y necesita ayuda, llámenos o envíenos un mensaje de texto y uno de nuestros especialistas en adopción podrá ayudarlo. Podemos ayudarte con la adopcion de niños. Para obtener más información sobre el proceso de adopción como una mujer embarazada o una madre biológica, comuníquese con Adoption Choices of Texas. Para español llamar: 888-510-5029