San Antonio, TX asked in Family Law and Adoption for Texas

Q: Would I need to find a way to contact my daughters bio dad for my husband to adopt her? She has my maiden last name.

Bio dad dropped off the face of the earth when I told him I was pregnant, it’s been over 4 years since my daughter was born. She has my last name. I am now married, my husband wants to adopt her- but I am afraid of the courts telling me I need to contact her bio dad for permission to change her last name when it’s not even his.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Family Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: If your daughter's biological father is alive, you will first need to terminate his parent-child relationship before proceeding with a step-parent adoption. The attorney handling your husband's adoption of your daughter can do both in the same legal proceeding.

The termination can be either voluntary if he agrees, or involuntary if he does not. While his agreement would make it easier and quicker, you likely can terminate his parent-child relationship even if he opposes it based on the facts as stated. It would be extremely helpful if you have documentary evidence proving that you told him you were pregnant in case he denies it. But, even if you only have your own oral testimony, and even if he denies it, you have a pretty decent chance of winning anyway.

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