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Frequently Asked Questions Regarding a Birth Father in Texas

By Jan Douglas

What are examples of a birth father? 

  • Birth fathers are the biological fathers of their child or children.
  • They do not have custody of their children.
  • May be married to the mother of the child, married to another, divorced, or unmarried.
  • Birth fathers do not pay child support.
  • They may or may not have surrendered their parental rights.
  • They may or may not live in the same area as their child’s adoptive family.

Why are birth fathers often left out of the adoption process?

Unfortunately, the birth father not being involved in the adopción de bebes is very common. Often, birth fathers cannot be located and are not involved in the adoption. Or, there is no effort made to find and notify him. Adoption Choices of Texas always attempts to find the birth father. We will tell him about the adoption and explain his rights before the adoption takes place. 

What is a putative father in adoption?

This term refers to the father of the baby who is not married to the birth mother. A man married to the child’s mother at the time of birth is considered the child’s legal father. It can take a lot of work for a putative father to become recognized as the child’s biological father in the courts. In some states, these men have to register with the Putative Father Registry to assert any parental rights. If a birth mother is putting her child up for adoption, she should make every attempt to locate and let the birth father know of her plans. 

Can a birth father get custody of their biological child in an Austin Adoption?

If a birth father did not surrender his parental rights prior to the adoption taking place, he could petition to get custody. This is called a “contested adoption.” 

What happens if I, the birth father, do not object to an adoption for my baby?

  1. You can decide not to be involved in the adoption. This often requires the birth father to sign a Waiver of Notice or a Denial of Paternity. 
  2. You can be involved in creating the adoption plan with the birth mother and being a part of the adoption process. 

Why would a birth father object to an adoption?

There are various reasons why a birth father may object to an adoption. Usually, they would like to raise the baby themselves or would like a family member to do it. No matter the reason, it is important to realize objecting to an adoption is not easy when the birth mother decides to dar a su bebe en adopción. The birth mother has more leverage when it comes to making decisions for the child. 

What is involved if the birth father wishes to block an adoption?

Specific legal steps are required if the birth father wants to have a stronger influence over the adoption decision. These must be taken in a timely fashion if he wants to protect his parental rights. Usually, you can only block an adoption if you meet at least one of the following strict legal requirements (depending on state law and regulations):

  1. If you and the birth mother are married or were married within 300 days of the child’s birth.
  2. You have publicly announced that the child is your own and have received them into your home.
  3. The birth mother and you have signed a Voluntary Declaration of Paternity to have you listed as the child’s father on the child’s birth certificate. Usually, the birth parents sign this document at the time of the child’s birth. If you are both planning to place the baby for adoption, this should not be done, as it is not a requirement.
  4. If the birth father has done everything he can to take care of the child and birth mother both financially and emotionally within the time of knowing about the pregnancy.

What happens if the birth father does not meet one of the four abovementioned circumstances?

If one of the four requirements is not met, then the birth father’s consent to the adoption is not required for the birth mother to move forward. Some states require the birth mother to notify the birth father of her decision. Once the birth father learns of the adoption, he has the right to file a legal action to stop the adoption. Birth fathers should be aware that the courts deny the majority of these claims because he has not fulfilled all his responsibilities.

Can the birth father maintain a relationship with the child following the adoption?

Yes! If the birth father is involved in the adoption process with the birth mother, he can choose an open adoption and be involved in the child’s life. If you are a birth father considering adoption in Houston, our private adoption agency can explain the types of adoption and what each entails. 

Does “Giving up my baby” mean I don’t love my unborn child?

NO! Adoption is not “giving up.” Often, it can be the braver choice. To admit you are not ready to be a father, or even do not want to be a father, takes courage. You believe that an adoptive family will be able to give your child a better life. If you have chosen to be a part of the adoption process with the birth mother, you may experience heartbreak. But you will also be part of a wonderful, life-giving experience. 

If you are a birth father seeking adoption information, our local, licensed adoption agency can help. Adoption Choices of Texas will always advocate for the birth parents, including the birth mom and birth dad! 

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