step father adoption help!!!

[lisahebert11]

yes i live in texas and my daughters biological father is wanting to give up rights to her. My fiance however wants to adopt her but we arent married yet..we are engaged so its going to happen but if this happens before we get married is he allowed to adopt her

 

[stealth2]

Sure - as long as you also terminate your rights.

 

[LdiJ]

yes i live in texas and my daughters biological father is wanting to give up rights to her. My fiance however wants to adopt her but we arent married yet..we are engaged so its going to happen but if this happens before we get married is he allowed to adopt her

You have to be married. Otherwise, as Stealth said, you would ALSO have to give up your legal rights to your child.

 

[tuffbrk]

yes i live in texas and my daughters biological father is wanting to give up rights to her. My fiance however wants to adopt her but we arent married yet..we are engaged so its going to happen but if this happens before we get married is he allowed to adopt her

Please keep all of your posts together. By the way - many of the volunteers are the same regardless of the forum in which you post. You will not receive different answers based upon where you post.

 

[lisahebert11]

well i assure you i would never terminate my rights..that was never meant to be brought up in the questions...there is no way to justify giving up your rights to your child..all i needed to know is did you have to be married..and if you do the marriage will just come sooner than we thuoght!!

 

[ecmst12]

Not only do you need to be married, you need to be married for at least 1-2 years and you will need an attorney.

 

[Isis1]

Not only do you need to be married, you need to be married for at least 1-2 years and you will need an attorney.

actually, that's not correct for TX.


in TX, you can terminate dad's rights without a step parent adoption. certain standards have to be met, but it can happen.

but from i've read....you do need to be married in order for a step adoption to take place. can't adop as a step parent if a marriage never occured in the first place.

BUT the fiance cannot adopt the child unless he adopts as the child ONLY parent while mom AND dad terminate their rights. part of a process.

so OP, you're best bet is either terminate dad's rights....OR do a stepparent adoption while terminating dad's rights after you are married for a year or so. might be cheaper that route.

however i still suggest getting an attorney with any TPR and/or adoption.

 

[Proserpina]

there is no way to justify giving up your rights to your child..

Really?

 

[Isis1]

Really?

i was withholding from going in that direction..but my eyes almost got stuck they rolled so far back from reading that.