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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.