Step-parent adoption in Texas with biological father's consent...Now what?

Question

I have a son that will be 2 in September. His biological father has never seen him or paid support for him and has stated that he is willing to sign the waiver of interest giving up his parental rights to allow my husband (who has been there since before my son was born) to adopt him. The biological father is not listed on the birth certificate as the father...no one is listed and my son has my maiden name. Due to that fact, could I conceivably just add my husband to the birth certificate as the father after getting the biological fathers signature to protect me in the future (from him coming around in 10 years wanting rights)?

And if that is not an option, what's the next step? Do I just take the waiver of interest to the court house and file it by itself? I called the court clerk, but they stated they could not give legal advice and to go to the law library. Is there something in the law library that would tell me what exactly to file (i.e. word for word documents)? We have like NO extra money to pay a lawyer for this process that I understand could be done without a lawyer since all parties are in agreement about this adoption.

Any advice about what the next step is would be greatly appreciated.

Thank you.

Answer 1

You can call up the Clerk of Court in your area and see if there is any info on step parent adoption.

They usually have the paper work on internet. Fill the paper work out send the bio father the paper work so he can sign over all his rights and then bring in your paper work to the court house and then they will call you with a court date!

I know if you do this in our county it cost $250.00.

We are going threw this at this moment. But the paper work is really made for lawyers knowledge. So we got a lawyer and they are doing all the paper work for us. So now it will cost right at $2000.00

Best of luck to u!!

Answer 2

You will want to go the legal route with this. Don't alter anything on the certificate without asking advise from a lawyer. Many first consultations are free. Good luck

Answer 3

The internet is a wonderful place to search for this information. Search for Family Law or Step-parent adoption .  I know in Oregon all the paperwork for filing has to come from a lawyer.

Good luck.

Answer 4

Because you know who the birth father is, and you don't get his rights signed away, then your setting yourself up for problems  later. Contact an adoption attorney or agency and they should be able to walk you through it. It will not be expensive as it is just a one parent thing. But then the birth certificate will have your husband's name and it is all legal.

Answer 5

I think you misunderstand. A JUDGE has to decide whether the parental rights are waivered.  They don't always waiver it.  I'll give you the advice you don't want. You NEED a lawyer.

Answer 6

To truly protect yourself in the future I strongly encourage you not to just add your husband's name to the BC.  If the biological father changes his mind in the future he can legally sue you for parental rights based on DNA as proof he is the father.

Hire an adoption attorney.  They will be knowledgeable of the laws in your state and he/she will make sure that every law is followed to the letter so that this can not come back on you in the future.

Since the biological father is agreeable to this arrangement the adoption attorney will first proceed to have the parental rights of the biological father voluntarily terminated.  It's an easy process is the biological parent is agreeable and cooperates (shows up in court).  The judge will likely ask him if he understands what he is doing and also ask him point blank if he agrees.  That's what happened in my case, but I'm not is Texas.  The law here did not require anything more than that.

Once parental rights of the biological father are terminated then your husband can adopt the child.

Again, I caution you to use an adoption attorney so that everything is done legally which will prevent repurcussions in the future should the biological father have a change of heart.  People grow and change so don't think it won't happen.  This also happened in my case years later but the parental rights were legally terminated and there was no error made in the process.  He was unable to assert parental rights (although I did allow a relationship to develop under my watchful eye and with my consent).

Once the step parent has completed the adoption of your child then his name will appear on the birth certificate as his father.