Texas adoption

[ProSeAdopt]

What is the name of your state? TX

A friend, who is married has asked my husband and myself to adopt her unborn child. Both she and her husband agree to the adoption; however, her husband is not the biological father of the child. I know that in Texas we will need to terminate the husbands rights because he is the presumed father. I also understand that in 2008 a new law will be enacted that tthe alleged father does not need to be notified to terminate his rights.

I am wonderying how much of a fight the biological father could put up if he wants custody?
Can he demand a paternity test and rights to the child when the mother was amrried to another man?

We have been through one adoption in Texas that went smoothly, but the bio mother was not married, and the alleged father could not be located. Thanks for any help.

 

[Just Blue]

What is the name of your state? TX

A friend, who is married has asked my husband and myself to adopt her unborn child. Both she and her husband agree to the adoption; however, her husband is not the biological father of the child. I know that in Texas we will need to terminate the husbands rights because he is the presumed father. I also understand that in 2008 a new law will be enacted that tthe alleged father does not need to be notified to terminate his rights.

I am wonderying how much of a fight the biological father could put up if he wants custody?
Can he demand a paternity test and rights to the child when the mother was amrried to another man?

We have been through one adoption in Texas that went smoothly, but the bio mother was not married, and the alleged father could not be located. Thanks for any help.

Does the Bio-father know about the pregnancy?

 

[ProSeAdopt]

Yes he does.

 

[CJane]

Yes he does.

If he chose to, he could absolutely file to disestablish the paternity of the woman's husband and then establish himself as the legal father of the child.

At that point, he would be able to fight the adoption as well as file for custody/child support/visitation.

 

[ProSeAdopt]

If he chose to, he could absolutely file to disestablish the paternity of the woman's husband and then establish himself as the legal father of the child.

At that point, he would be able to fight the adoption as well as file for custody/child support/visitation.

Thank you. I was hoping for a differant answer, but I have been reading the Texas Family Code and am coming up with the same. I guess we will just have to see what he is going to do. Thank you again.