What Happens to Your Adoption Plans if the Biological Father Contests in Texas?

Adoption is a life-changing event, both for the child and the new parents. But what would happen if a biological father stepped up to contest the adoption? These types of situations in Texas can make an already complex process that much harder. Whether you’re planning to adopt or you are already in the process, it is critical to know what to expect if the biological father decides to fight for his parental rights.

Why Would a Biological Father Contest an Adoption?

A biological father might step in and try to halt an adoption for many different reasons. Sometimes, it’s because he didn’t know about the pregnancy or the child until the adoption process was already underway. In other cases, he may have been left out of the decision-making process entirely or feel that his parental rights have been unfairly overlooked.

In some instances, the father could have been absent during pregnancy or early childhood, but later wants to step up and take on the responsibility of parenthood. Sometimes, emotions play a major part in these scenarios–feeling left out or betrayed can drive a father to contest the adoption, even if he hadn’t been involved before.

What Legal Rights Does the Birth Dad Have in Texas?

Legal rights and position of a biological father are poised on whether or not he was married to the biological mother at the time of the child’s birth. If the parents were married, then both parents must consent to the adoption unless the legal rights of the dad were terminated. However, if the father was not married to the mother, he must take very specific legal steps, which are not always so simple, to secure his rights. These steps might include elements like verifying paternity, providing financial support, and maintaining a relationship with the child.

Failure to act promptly can result in the father losing his right to contest the adoption. For unmarried fathers, registering with the Texas Paternity Registry within 31 days of the child’s birth is critical to retaining the right to be notified about adoption proceedings.

What Happens if the Father Actually Contests?

When a biological father challenges adoption, the process and strategy for adoption becomes more complicated and can take much longer. The court must resolve whether the father’s parental rights should be terminated. Typically, this involves a trial where evidence is presented. The biological parents must demonstrate their commitment to the child by illustrating how the father has been involved, provided support, or made an effort to establish a relationship.

If the court uncovers unmet obligations by or a failure to demonstrate proper paternity, it may terminate the father’s rights, allowing the adoptions to move forward. Alternatively, if the court finds that the father has a legitimate claim, the adoption may be halted, and the father could seek custody or visitation.

Grounds for Terminating Parental Rights

For an adoption to proceed against the wishes of a biological father, the court must find sufficient grounds to terminate his parental rights. Some of the common reasons for ending parental rights include:

1. Abandonment or neglect of the child
2. A lack of financial support
3. Criminal behavior or abuse
4. Failing to establish paternity within the legal timeframe given

Even if a father contests, if the grounds above are proven, the court may still move ahead and approve the adoption.

When a Birth Father Says No: Can He Block an Adoption?

A birth father may be able to prevent an adoption if he can successfully prove that he has legally established paternity, maintained an ongoing relationship with the child, and consistently provided financial support. However, his ability to block the adoption will also hinge on proving that his parental rights have not been terminated for reasons like neglect or abandonment.

How to Move Forward if a Father Contest

If you find yourself facing a contested adoption, it’s critical that you act now. Seeking the help of a seasoned Texas family law attorney is a must, as this is too sensitive and serious a topic to handle alone without an extensive legal background and skills. They will clarify your legal standing and rights and position you to be as successful as possible. They will also ensure that your adoption case is presented clearly and persuasively, focusing on the best interests of the child at the center of this important matter.

Contact an experienced Houston, Texas, family law attorney at Boudreaux Hunter & Associates, LLC, located at 3555 Timmons Ln., Suite 1510, Houston, TX 77027, to ensure your adoption plans stay on track. Call 713-333-4430 to schedule a consultation to discuss the intricacies of your case.