Texas Step-Parent Adoption, Biological Father Parental Rights

[notfunnyy]

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.

[Dogmatique]

Please see a local attorney.

Even though he's not on the birth certificate and has no established rights, he will need to be notified.

If you need to notify via publication this is even more reason why you need an attorney.

[notfunnyy]

Thank you for the advice. Should I proceed on my own with the name change? I did not list this man as a person having any parental rights, therefore I would not have to publish a notice of petition, correct? I would like to have her name legally changed until I can afford the attorney costs as she does not understand why her last name differs and is causing confusion with her.

[Dogmatique]

No, even though he hasn't gone to court to establish any rights yet he still needs to be informed.

Seriously - please reconsider doing this pro se, because the very last thing you want is Dad coming into the picture and having it all overturned because he was never notified.

See what I'm saying?

In the family law community, changing kiddo's name in the manner you're describing is often called a "back door adoption" and you really want to avoid that

[notfunnyy]

Yes, I do see what you mean. I don't think it would be likely for him to go to any efforts to fight anything but, he surely would not just let it be easy for me, that's assuming he is even stll alive. Thanks for your help