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  1. #1
    Join Date
    Apr 2014
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    3

    Default Should You Request a DNA Test Before Consenting to Adoption

    My question involves adoption law for the State of: Texas
    My wife and I have been separated for 11 months. She is pregnant by another man and wants to give the baby up in a private adoption. I am the presumed father and am being asked to waive my rights by the adoptive parents' lawyer. Because the baby is not mine, I'm wondering if I should demand a paternity test rather than simply giving up my rights? I suspect my wife is trying to avoid telling the real father that she is giving the baby up. I have not been able to file for divorce; in Texas you cannot get a divorce when the wife is pregnant.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Paternity in Texas Adoption

    Oh that's nice. She wants to have you as the presumed father, therefore trying to usurp the law?

    Do you actually want to be the legal father?

  3. #3
    Join Date
    Apr 2014
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    3

    Default Re: Paternity in Texas Adoption

    I am not the biological father and do not want to be the legal father. If I waive my rights, they can move ahead with the adoption without notifying the biological father. If I don't establish the real paternity can this hurt me later?

  4. #4
    Join Date
    Apr 2009
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    Default Re: Paternity in Texas Adoption

    You need to disestablish paternity as part of the divorce action.

    I can't even bring myself to comment on your wife.

  5. #5
    Join Date
    Apr 2014
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    3

    Default Re: Paternity in Texas Adoption

    Can I disestablish paternity after the adoption has already taken place? The baby is due tomorrow.

  6. #6
    Join Date
    Feb 2014
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    RTR/WDE
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    Default Re: Paternity in Texas Adoption

    Quote Quoting coyote12
    View Post
    Can I disestablish paternity after the adoption has already taken place? The baby is due tomorrow.
    That's now how it works. You need an attorney, like yesterday.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Should You Request a DNA Test Before Consenting to Adoption

    If it were me, I would file for divorce, get an order disestablishing paternity as part of the divorce, and let my ex- deal with the rest. To the extent that I was asked to consent to an adoption as the presumed father, without any representation that I was in fact the biological father (and perhaps with an express disclaimer that I was not), I would consider it, but I wouldn't sign anything that suggested a biological relationship that does not exist.

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