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Birth Father Consent in Adoption: Does My Husband Need to Agree to the Adoption Plan?

By Brett Byll 

Following an unplanned pregnancy, a birth parent may have plenty of choices to make. After considering all of their available resources, some parents decide adoption (adoption de bebes) is the best choice going forward. If you are a birth mother who has arrived at this decision on your own, you may have some questions. A common concern is wondering whether the birth father needs to give their consent for an adoption to take place. Some are curious about what the birth father’s place is in the adoption process at all. If you are looking into adoption in Texas, there are steps that you will have to follow to ensure it follows legal procedure. There are professionals at adoption agencies in Texas who can help you figure out all of the details. 

What are Your Rights in the Adoption Process?

Providing you with the information to navigate the more difficult parts of the adoption process is important. Adoption Choices of Texas can provide you with resources and adoption options. Navigating a situation where the birth father may not be interested in adoption or may be entirely against it can be tough. Regardless, open communication is a valuable part of the decision-making process. Maintaining respect and trust while keeping track of each other’s rights will help make this as smooth a process as possible. 

First, it is important to establish the rights of the birth mother. Because the birth mother has a biological connection to their child, her consent is always necessary. In order for an adoption to legally take place, the birth mother will need to provide written consent with two witnesses. A notary public assigned by the state government will verify that this has taken place. In a case where the birth mother did not sign consent before or within 48 hours after birth, consent can be revoked. In those cases where consent can be revoked, it can be done within 10 days after signing. If you are interested in hearing more about the requirements for adoption in Texas, a specialist at Adoption Choices of Texas will help. 

What are the Birth Father’s Rights in Adoption?

The birth father can have rights in the adoption process depending on the situation. The birth father’s rights regarding adoption begin with the establishment of paternity. Signing an acknowledgment of paternity following the birth of the child is where this will most likely happen. In other cases, a father can be legally adjudicated as a father by a court. 

Generally, in Texas, a father must register before/within a month following the child’s birth. Failure to register means that the birth father’s consent to the adoption will not be required. This could mean that notice of adoption will not be necessary. If the father has established their paternity, they retain the right to revoke consent to the adoption. The birth father could also waive their parental rights, which allows the adoption process to go on without their involvement. If the birth father has not established paternity or has abandoned the child, their rights as a parent may be terminated. If they are found unfit to parent by a court, their rights as a father will be revoked.

There are cases where the birth father cannot be contacted. In those cases, the adoption process will continue. It is important to consider that either way, reasonable efforts will need to be made to notify the birth father that the adoption process is taking place. If the birth father hasn’t acknowledged his paternity but is still reachable, they will likely need to be notified about the adoption. Even if the birth father has failed to register as a parent, notification must take place. 

Notifying the Birth Father

Reasonable efforts to notify a father will mean that they have to be located. This could include the use of public records or social media. Occasionally, people hire private investigators. Talking about what to do in these cases with a professional would be helpful before continuing. Notifying the father will then include informing them of their rights and responsibilities. It can be done personally or through certified mail. 

People tend to be thorough about this step in the adoption process because a parent must prove to a judge that they tried to contact the father through reasonable means. If the father cannot be found, a notice of adoption proceedings can be published. Because notification via a publication is a last resort method, it often takes some time, including filing a request with a court for approval. 

Notifying a publication means including specific information. This notification will have to be legally clear. You may be required to include: 

  • The name of the birth father
  • The name, or an alias, of the child, in the case of confidentiality
  • The fact that you have filed an adoption petition
  • Directions on how to respond or contest the adoption, and a deadline for the response.

Once you have published this notice, you will be given an affidavit of publication by the newspaper, proving that it was published. That affidavit will be filed into the adoption’s case file with the court. 

Getting help from a professional to ensure each detail is taken care of is important to navigating the adoption process. Adoption Choices of Texas can help you figure out every step of your journey. If you would like a free consultation regarding anything from an unavailable father to picking out an adoption plan like open adoption (adoption de bebes), reach out. 

Contact Adoption Choices of Texas

Figuring out the best way to handle an unsupportive, unknown, or uninterested father is what professionals are ready for. Adoption agencies in San Antonio are also there If you want to know how to put your baby up for adoption, or if you need help finding financial support, housing, medical care, and more. You can fill in your personal details on the Adoption Choices of Nevada website so the agency can contact you. Additionally, you can contact the agency through email, phone calls, or social media. If you have any more questions, please contact us today.

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