Texas Law provides that a step-parent may adopt a child where there is no father or parent known, verified, or registered on the Texas Vital Statistics Parental Registry.
Reasons for Biological Parental Rights to Be Terminated
A biological parent may have their rights terminated for a number of things, including but not limited to:
- the non payment of child support for one year,
- the commission of certain crimes,
- the abandonment or endangerment of children,
- the dangerous addiction to controlled substances,
- and other reasons in favor of the best interests of the child.
A biological parent may also relinquish their parental rights in order for an adoption to proceed. The Judge will appoint persons to verify the process is fair and that it’s in the best interest of the child.
Adoption in Texas
Adoption days are days of celebration in Texas courts. Judges will usually take pictures to celebrate the momentous occasion. However, termination of parental rights can be disputed at trial. The judge will look for clear and convincing evidence when the person being terminated has properly answered the lawsuit for the termination and when grounds for termination of those rights are present. The Judge will always look to the best interests of the child.
Serving the Biological Parent
Sometimes it’s necessary to go through procedural hurdles to have a biological parent served. This can be done through a newspaper ad, social media, or at an address where someone else lives to be served instead of them. This is a complicated process and may take some time. Court’s like to verify that the person had an opportunity to know they were losing parental rights, so a representative from the court may be appointed when this is the case.
Adoption and Name Changes
A name change may be requested for the child when an adoption is granted. After the order is signed, a procedure must be followed to send the name change paperwork to Texas Vital Statistics, so the birth certificate can be changed. Overall, a step-parent adoption is complicated, but in the end, the court is looking to ensure what’s best for the child.
For a free consultation about step-parent rights and adoption call The Barrera Law Firm at (956) 428-2822 or contact us online.
