My question involves adoption law for the State of: Texas
My question 1st is: What rights does an "assumed" biological father have to a child if his name is not included on the birth certificate and he has had no contact with the child? In my case, I had a child at age of 20 by a man whom was very abusive. I thought he was going to die the day I gave birth, as he was in a hospital on life support after repeated drug over-dose, so I gave her his last name but did not list him as the father on the birth certificate. Unfortunately he survived, and when my child was 8 mos old, he threated my life with a gun to my head and raped me. I did press charges and thankfully have not had to deal with him since, however I did hear that he was released about 2 yrs ago. My daughter is now 7, and I have not formally had his rights terminated for financial reasons. I am in the process of having her last name changed now and am not yet sure if I'm going to have to put a notice of petition in a newspaper or not? (I am acting as my own attorney for this)
My 2nd question is: Now that I am married and my husband would like to adopt my daughter, will I first have to hire an attorney to have the rights of the biological father terminated even if he has never had a relationship or supported the child? And would there realistically be a judge out there that would ever let this man have parental rights to my child if I did have to take this man to court to terminate his rights? He is a disturbed person and I dont think he would voluntarily sign anything to make life easier for me.
Please help and thank you for your time.