What happens if a birth mother wishes to put her child up for adoption but has not told the birth father that she was even pregnant?

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What happens if a birth mother wishes to put her child up for adoption but has not told the birth father that she was even pregnant?

Asked on November 21, 2011 under Family Law, Texas

Answers:

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

Answered 10 years ago | Contributor

A birth mother can choose to put her child up for adoption, but if she fails to tell the father and the adoption goes through, the failure to notify the dad can result in a reversal of the adoption if/when dad ever finds out.  Fathers are entitled to receive notice of proceedings that would result in a termination of their parental rights (which is the effect of an adoption).  A secondary, but still very important consequence, is documentation.  If a birth mother files court records or affidavits as part of the adoption, and misrepresents who the father is or their knowledge of the father, then the mother could potentially expose herself to criminal or civil liability for fraud or perjury.   


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