How does it work?

What is the name of your state (only U.S. law)? TX

I know that you have to have permission from the other parent for a step parent to adopt the child. But how does it work after that? Does the father still have rights or by signing the papers did he give his rights away? Im just confussed on how all that works.

[Proserpina]

Originally Posted by pepperdill

What is the name of your state (only U.S. law)? TX

I know that you have to have permission from the other parent for a step parent to adopt the child. But how does it work after that? Does the father still have rights or by signing the papers did he give his rights away? Im just confussed on how all that works.

It's often done as just one process; the parent signs over their rights, allowing the adoption to take place. The very second the adoption is finalized, the original "other parent" is no longer the parent of the child. They then have no more rights or obligations to the child than you or I.

(though child support arrears don't necessarily go away)

[Canibedreamin]

Originally Posted by pepperdill

What is the name of your state (only U.S. law)? TX

I know that you have to have permission from the other parent for a step parent to adopt the child. But how does it work after that? Does the father still have rights or by signing the papers did he give his rights away? Im just confussed on how all that works.

Dogmatique is right. I have also heard that the court CAN order that the child(ren) still have a right to inheriting after the death of said previously recognized father, but I'm not positive. I would not think of asking for anything from someone who is not to be the legal father anymore. And you don't necessarily have to have permission from the current parent. The Texas Family Code specifically outlines the circumstances in which you can ask the court to terminate a parent's rights involuntarily. It's my understanding that it's a guideline because the court has to be very convinced that involuntary termination is in the best interest of the child.

[Seanscott]

In our case (Indiana) we got married on a Tuesday, went to a lawyer on Thursday, and our attorney filed a petition to adopt the following week.
The biological father was served with the petition and he had 30 days to reply. If he failed to reply within 30 days his consent was invoked.
This was followed by two cases - termination of parental rights, and then the adoption hearing.