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niece adoption

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sfmandy123

Guest
What is the name of your state? texas
i have a 2 yr old niece. my brother is her father. he lives in new mexico and has seen his daughter only once. he was told by my niece's family to stay away. his efforts to see her and buy her things are turned away. he is young and has been in trouble with the law. he has not tried to get visitation due to money issues. recently my nieces mom married a man she knew only for 2 months. now this guy wants to adopt my niece( i think it's more the mom though) she contacted my brother and asked him to sign away his rights. he refused. there is no question this child is his. is there any way that this girl and her husband could adopt this child w/out my brother's consent. he has not abondened her. he is just not allowed to see her. he wants no problems so he doesn't fight this. i'm concerned because i saw this guy's last name on a paper after my niece's. my brother is not on the birth certificate. she does not have his last name. is there any way they could do this adoption without my brother knowing?
 


Seanscott

Member
Texas & New Mexico are two states that have a "putative father registry". Your brother needs to sign up for that NOW and file a claim for paternity.

Enrolling in this registry will protect his rights if a child of his is involved in any adoption proceedings.

www.adoptioninstitute.org lists the putative father registries by state. Go to the site map, then "Policy and Practice", then "Open Records" and you'll see it.

If he is not registered by the time biomom starts termination and/or adoption proceedings, he could be in for a long & expensive battle!
 

Seanscott

Member
In doing a little more research -

In Texas the father must register within 30 days of the child's birth.

Sorry about the misinformation.

If biomom goes ahead with adoption proceedings, your brother needs to demand a DNA test through the courts. After DNA proves his paternity, he can ask for visitation.
 
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sfmandy123

Guest
okay....but that doesn't anser my question. i have learned that biomom has contacted an attorney and he has told her to file an abandonement petition. what happens when this takes place. does the court try to contact my brother. she knows where he is and how to get a hold of him. she can talk to him whenever she wants. i can hardly call this abandonement. how will we know if she has done this?
 

Seanscott

Member
Since no on is on the birth certificate, paternity must be established before parental rights can be terminated or support asked for. Unless she lies and says he cannot be found, your brother will have to attend a paternity hearing. He can then demand DNA testing and ask for visitation and full or partial custody.

So to answer your question - He will be notified of any adoption, paternity, and/or abandonment proceedings. IF biomom is truthful.

Good luck to you.
 

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