Question:

Step parent adoption in Texas?

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My husband would like to adopt my 9 year old daughter that he has raised since she was 6 months old. Her biological father has signed an affidavit waiving his rights. The problem is, we used to live in Alabama and the document was drawn up in Alabama. We now live in Texas and are not sure if the document can still be used. The biological father lives in Philadelphia and took months to get the document signed and notarized. Not sure if he will sign another one. I spoke briefly with an attorney over the phone who said in Texas an affidavit of relinquishment has to be witnessed by two people. The document I have was just notarized by one person.

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  1. I should think the law that applies is the one that was in effect in Alabama nine years ago.  

    Since you will need a lawyer to handle the adoption process, make an appointment with one.  Then get all the papers together pertaining to the father and his relinquishment of his parental rights and take them with you.  You (or the lawyer) may have to contact the authorities in Alabama to make sure you have everything.


  2. can't you just arrange guardianship and call it a day?  sheesh.

  3. Did you also witness it?  Sometimes the notary's secretary might have witnessed it if available.  Most of the time, a notary is sufficent, where if it is just normal everyday people, it takes 2 persons.  Good luck!

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