Adoption Texas

Many adoption cases involve birthfathers who took an interest in their children after they had been placed for adoption by their birthmothers, thereby bringing the issue of birthfathers' legal rights to the forefront.

The birthfathers' legal rights in adoption proceedings has been changing. Typically, in the past, birthfathers frequently did not participate in making the adoption plans. Usually, if a man's partner became pregnant and decided that they wanted the child to be adopted, the child would be placed for adoption without having to have the father's agreement. These days, more men are taking an interest in their non-marital children born out side of a legal marriage. The men are wanting to raise their children without the mother, sometimes through their extended family. If the mother does not want this to happen, she must challenge it. Some decide to marry. Some men don't want to marry, but want to keep the child. Many men participate in making plans for an adoption, including providing the selection of candidates with complete medical and genetic background information. Some are interested in a fully disclosed adoption whereby they are given ongoing contact with the child. Some men simply want to have input on the decisions that affect their child's adoption.  This is a role that has changed significantly in recent years, which affects both agency and independent adoptions.

The result of this changing role of men ion adoption actions, has resulted in the controversial passage of laws to establish prospective father registries in some States that previously did not have them. A putative father registry provides a means for the biological father of a child to record his interest in the child. The State is usually required to notify the father of any legal proceedings that would bear on the child's well being or otherwise. Today, some thirty-two states have enacted laws that are related to putative father registries.

These systems generally are established to protect fathers and their children's   constitutionally protected rights. Many of the fathers have had a relationship with their child and also have provided support to the child.  Fathers are entitled to receive a notice of adoption proceedings if they have registered with the putative father registry. This doe not entitle them to custody.  Many legislators believe that all are better served with model legislation to preserve the rights of parents and the rights of children.  Putative father registries are helping to properly secure permanent homes for their children as quickly as possible, giving the child a permanent future and a chance for a better quality of life.  Texas has "Paternity Registry" Statutes: Tex. Fam. Code Ann. sec. 160.251 et seq. A qualified attorney can help you with navigating these statutes and interpreting what your rights are under thee laws.