When a mother gives birth, the mother of the baby may determine that adoption is right for her and the child. The mother may consent to put the child up for adoption no sooner than forty-eight (48) hours after the child is born but what about the father’s rights during adoption?
With so much focus on the mother after a child is born, a father’s rights during adoption can sometimes get lost in the shuffle. As detailed below, fathers should know that in Texas they also have rights during this process, and they should know exactly what those rights are. Though Texas law recognizes a father’s rights, the father must still assert these rights if he is to benefit from having them at all. Here at Tessmer Law Firm, we want to help fathers understand their rights during the adoption process better.
The Basics
Adoption means terminating the parental rights of both birth parents. As such, in the case of adoption, consent must be received from both parents in order to proceed. This means that the child’s biological father must first be notified of the birth and the mother’s plans for adoption. Notification can be made either personally by service or by publication. Reasonable efforts must be made to locate the father before the adoption can proceed.
If the mother does not know who the biological father of the child is, efforts still must be made to find the identity and whereabouts of the biological father. The Department of Family and Protective Services must show the court that diligent efforts to locate the father were made.
Under Section 161.002 of the Texas Family Code, the rights of an alleged father may be terminated if:
- the child is over one year of age at the time the petition for termination or adoption is filed;
- he has not registered with the paternity registry; and
- if, after exercising due diligence, his identity and location cannot be determined; or
- his identity is known but he cannot be located.
This means that a father who wants a relationship with his child has one year from the child’s birth to sign up with the paternity registry. If a father fails to add his name to the paternity registry, his rights can be terminated after one year if he cannot be found or if his identity is unknown.
How Can I Get Notified of the Biological Mother’s Plans for Adoption?
If you suspect you are the father of the child, the fastest way to make sure you are notified of the mother’s plans for adoption is to add your name to the state paternity registry.
Texas allows fathers to add their names to the state paternity registry. The Texas Vital Statistics Unit operates the state paternity registry. By adding his name to this list, he declares that he is the father of a child and that he wants to claim his parental rights. He can either register before the child is born or within thirty-one (31) days after the birth of the child.
The paternity registry is used when the biological father and biological mother no longer have a relationship, and the father is not listed on the child’s birth certificate. A father adding his name to the list does not legally establish paternity, and it cannot be used to add the man’s name to the birth certificate. It simply allows the father to be notified, and it puts the biological mother on notice that the father wishes to claim his parental rights.
Again, a father who wants a relationship with his child has only one year from the child’s birth to sign up with the paternity registry. If he does not, his rights can be terminated if he cannot be found or if his identity is unknown.
How Do I Establish Paternity?
In Texas, if you are not a presumed father, you then must be declared a legal father. Texas law recognizes presumptions of paternity. A presumption of paternity means that, in certain circumstances, the law will assume a man is a child’s father.Fathers who qualify as presumed fathers automatically get a parent’s legal rights. Texas law presumes paternity if the parents were married before the child was born and the child was born either during the marriage or less than three-hundred and one days after the marriage ended.
If the parents were married after the child was born, Texas law presumes paternity if the father:
- files a document asserting his paternity with the Texas Vital Statistics Unit;
- is named on the child’s birth certificate as the father; or
- promises in writing to support the child as his own.
If the couple was never married, Texas law presumes paternity where the father continuously lived with the child in the same household during the first two years of the child’s life and represented to others that the child was his own.
If you are not the presumed father, you can ask a court to legally recognize you as the child’s father. To be declared a legal father, you must unequivocally establish that you are the father and when a court determines that a man is the legal father of a child, that ruling establishes paternity. This is typically done via a paternity test. However, if the biological mother agrees that you are the biological father, you can then fill out an Acknowledgement of Paternity, which allows your name to be placed on the birth certificate. Once this occurs, the biological father has the same rights as the biological mother.
What if the father of the child also wants to place the child up for adoption?
As follows, these are the laws for parents who are on the same page regarding placing the baby up for adoption.
A father can sign an affidavit giving up all rights to his child at any time after the child’s first trimester. However, if a man is the biological father and married to the biological mother, he cannot consent to giving up all rights to his child until forty-eight (48) hours after the child’s birth.
What if the father of the child does not want to place the child up for adoption?
A birth father may not consent to the adoption. Birth fathers have the same legal rights as birth mothers. As a biological father, you have the right to object to placing the child up for adoption, request a paternity test, and file suit to seek custody of your child.
Conclusion
If you believe you are the father of a child and would like to know more about your rights as a father and claim those paternal rights, an experienced Family Law attorney can help you protect your rights as a father. We would be more than happy to assist you at Tessmer Law Firm. For more information regarding your parental rights, schedule a confidential consultation with one of our attorneys by clicking here or calling us at 210-368-9708.