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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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my partner and i are trying to have a baby we want the father

Resolved Question:

my partner and i are trying to have a baby we want the father of the baby to give up his rights and he has agreed what forms can he sign to make this possible we want nothing from him execpt his rights we live in texas and can we do this without taking it to court and if not does the acutal father have to show thanks
Submitted: 8 years ago.
Category: Family Law
Expert:  LawTalk replied 8 years ago.
Good afternoon,

The father of the baby will have to have his parental rights terminated by order of the court. This can not happen until after the child is born.

The natural mother should File a Petition for determination of Paternity and a Petition to Terminate Parental Rights. Presuming the court grants the Petition, the natural father will no longer have any rights, or obligations, relative to the child. The father can ignore the service of the Petition if he chooses, and not make an appearance at court. However, there will need to be a determination of paternity. The court should accept a privately obtained paternity test by a reputable laboratory though.

I wish you all the best.

Best regards,


Customer: replied 8 years ago.

he doesnt want to be identified at all we are really just wanting this as precaution down the road is there anything he can sign saying that he doesnt want to be in the childs life without all the courts

Expert:  LawTalk replied 8 years ago.
Good afternoon,

Anything he signs will not give you full protection. If it isn't done through the courts, he can always come back and change his mind--and, the natural mother can always go after him to pay support. These are two very large risks that lurk in the shadows for the better part of 2 decades--but the choice is yours.

If he just disappears then the natural mother will be fine. However, the non-parent partner in the relationship will face issues of not being able to adopt, as well as visitation issues in the event of a breakup.

I wish you the best.

Best regards,


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