When Do You Need Consent for Step Parent Adoption

[MrsCook2008]

My question involves adoption law for the State of: Texas and Louisiana.
My husband and I and our children (the boys are not biologically his) live in Texas, but they were both born in Louisiana, both from different fathers. The oldest boys father has had no contact with us since I found out I was pregnant, and I was divorced from the youngest boys father, and was given full custody with no visitation. My questions are this: With the oldest boy, do I have to have the bio-father's consent since he has had no contact for all the oldest boys life ( he is now ten), and since I was given sole custody of the youngest boy (who is seven), with no child support, at my behest, and no visitation, and no contact at all, do I have to have my ex-husbands consent? My husband really wants to adopt the two boys, as he has two girls of his own, and we want everyone to share the last name, and he loves the boys just as if he had made them himself. Please help me, and let me know what I should do!

[LawResearcherMissy]

In the case of the first, you should have no problems getting his parental rights terminated on the grounds of abandonment, clearing the way for your husband to adopt him.

In the case of the second, because the lack of contact was at your request, it might be a little tougher and you may require his consent (depending on why you requested and were granted what you have).

You'd do well to consult a family law attorney in your area before proceeding. First consultation is usually free.