What to do if I’m the mother of a 10 year old and I want to relinquish my rights so that my child’s godmother can adopt her?

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What to do if I’m the mother of a 10 year old and I want to relinquish my rights so that my child’s godmother can adopt her?

The father will not be relinquishing his rights but does he have to agree with the adoption?

Asked on November 6, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

Both the mother and the father must agree with the adoption.  If you no longer want to be a parent to the child, then all of the duties and responsibilities would default to him.  As the biological parent, he is not required to share his rights with anyone other than a biological parent until he does something to justify the revocation of his rights. 

If he will not contest termination/adoption, then your only option may be filing a custody suit and requesting the court to appoint her as a managing conservator.  You'll still have some of the same issues with as with the adoption-- but it is a bit more palatable and you would have better luck getting an agreement from dad under this approach.


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