Texas Adoptions – Do Birth Fathers Always Have To Agree?

Giving a baby up for adoption can be a positive answer to a difficult situation for mothers who cannot or choose not to raise their children.

To make a Texas adoption possible, birth parents must give up their parental rights so an attorney can assist in the legal transfer of rights to the adoptive parents.

In cases where the birth mother relinquishes her rights but the birth father refuses to, adoption law firms must seek the assistance of the family court to resolve the issue.

Texas Birth Fathers Have Parental Rights, Too

The Texas family court recognizes the birth mother and birth father of a child as having equal parental rights in terms of giving a baby up for adoption as long as the parents are married to each other.

In situations where a couple is not married, it is the birth mother who has full parental rights and the full ability to choose to relinquish those rights to offer her baby for adoption.

Married birth fathers who agree to adopt their children also have the right to participate in the adoption arrangements and contribute to the decision-making process.

What Happens When A Father Does Not Agree To Adoption?

Whether the birth father is married to the birth mother or not, attorneys do recognize that some fathers may disagree with giving their child up for adoption.

In either case, any birth father who does not support adoption has the option to work with an adoption law firm to contest the adoption and seek a solution from the Texas family court.

The family court does have the ability to involuntarily terminate the birth father’s parental rights regardless of marriage status as their decision will reflect what is thought to be in the child’s best interest.

How Does The Family Court Handle Adoption Contested By Birth Fathers?

When a birth father is unsupportive of adoption, refuses to terminate their parental rights, and wishes to remain the legal parent of their child, the best recommendation is to contact an adoption law firm to seek legal assistance.

This type of family law case will involve a hearing in the family court where a judge will assess the situation and decide not only on the degree of parental rights a father has but also on whether to uphold them.

Concerning the court’s consideration, a birth father who is married to the birth mother has greater recourse to prevent the adoption of their child than does a father who is not married to the birth mother.

Still, an unmarried birth father does retain the right to hire an attorney and state their case as to why their parental rights should be upheld.

An Experienced Adoption Law Firm Can Help With Parental Rights Concerns

Choosing to offer a baby for adoption is an emotional process that many birth mothers choose to ensure a great life for their infants.

When the birth father is not in agreement, attorneys frequently see that process becoming more emotional and difficult.

To address parental rights issues involving a birth father, an experienced Texas adoption law firm can help parents seek out a legal solution that is supported by the family court.

Though the Texas family court typically acknowledges the rights of the birth mother more heavily when adoption is concerned, birth fathers do have parental rights as well and the right to contest the adoption in court.