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My son and his ex-girlfriend are expecting in the next several weeks a child to be born in Texas. She is planning to put the baby up for adoption through a local non-profit agency. My son will likely agree to adoption but only if the baby can be placed with his brother and wife who live in California Although the relationship by all parties is civil, the ex-girlfriend is against this.
If they cannot come to an agreement, what does the process look like for legal resolution? Is there any preference by the law for a brother and his wife vs. an unrelated couple in a contested adoption such as this?
Please help your son fill out the form (and have it notarized) and sent with confirmed receipt to the Texas Putative Father's Registry.
Do it before the baby is born - all it will cost you is the notarization fee and whatever postage.
Without doing this the father has NO rights - to receive notice, consent, or not consent to the adoption of his child. Far too many fathers have lost their rights to their children.
I would also make sure the mother doesn't go visit or move to another state before giving birth. If she does, find the putative fathers registry in that state and follow all the rules to a T.
It is possible and common to do what is called a Interestate Adoption. There's a few more steps (ICPC) - the sending and receiving states have to file all the paperwork - this is for the protection of the child. Lawyers handle this.
Link below...
[url=http://www.dshs.state.tx.us/vs/patreg/]VSU - Notice of Intent to Claim Paternity[/url]
Kind regards,
Dickons
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It seems likely that if your son will only consent to this specific placement but she will not, then she will probably end up parenting and looking to your son for support (monetarily and otherwise as are his legal obligations). But Dickons is right that he should assert his rights through the putative registry to prevent an adoption he does not consent to.
Dickons is always so resourceful! :happydance:
Has your son's girlfriend ever met your other son and his wife in California? Maybe they could come out for a visit and plan a fun weekend of getting to know each other...and discuss what possible plans would look like. I hope if she talked with them about their desire to adopt and keep the child with family, she would open up to considering it.
Either way, I think it's wise to encourage your son to do the paperwork that Dickons suggested.
All the best to you!
Adoptadmin, a fun weekend is prob not what the mom wants. She probably has her own reasons for wanting someone else to adopt. But hopefully op's son will step up and take responsibility if she ends up parenting...he can even offer to parent himself if she cannot.
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So happy your son filed in the Putative Father Registry - too many don't know about it, until it's too late! Thanks for coming back.
Kind regards,
Dickons
WillfromTexas
My son and his ex-girlfriend are expecting in the next several weeks a child to be born in Texas. She is planning to put the baby up for adoption through a local non-profit agency. My son will likely agree to adoption but only if the baby can be placed with his brother and wife who live in California Although the relationship by all parties is civil, the ex-girlfriend is against this.
If they cannot come to an agreement, what does the process look like for legal resolution?
If they don't come to the agreement, she might end up keeping the baby, make visitation and child support arraignments. Also she might choose to keep the baby either way. Of course she might not want someone to adopt her baby in a different state. I know I wouldn't .I know I would be looking for an open adoption in the same state, hopefully no further then 50 miles away. What visitations and pictures does she get if your sons brother and wife adopt her baby? Of course since your son is a family ,it will be easier for him to see the baby. I'm not seeing this as something that I would be okay. Also will they favor the father, when bringing up the first parents to the baby. I would defiantly parent my child, if my only options was my ex boyfriends brother and sister, that live in another state, was the only plan that was allowed.
Is there any preference by the law for a brother and his wife vs. an unrelated couple in a contested adoption such as this?
No. If he doesn't sign TPR, then there wont be an adoption, unless Texas doesn't care about fathers rights.