What to do if my son’s biological father is an illegal immigrant who has gone back to Mexico and my current husband would like to adopt my son?

I don’t know his father’s exact whereabouts. Does there still need to be an voluntary termination of parental rights paper to be signed?

Asked on December 7, 2015 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can still proceed with the adoption... but before your husband can adopt your son, the biological father's rights need to be terminated.  Since bio dad is not around to consent to the termination, you will have to involuntarily terminate his rights first. 
When a bio dad's where abouts are unknown, it's a bit more challenging, but not impossible.  You would need to conduct a search of the paternity registry.  A notice would also need to be provided to bio dad.  Because he can't be personally served, there are alternative methods of service-- like posting and publication.
Once his rights are terminated, then you and your husband can proceed with the adoption.

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