What Happens If One Parent Consents but the Other Refuses?

When one parent refuses consent, the adoption may still proceed if grounds exist to terminate that parent's rights involuntarily, such as abandonment, failure to support the child, etc. The petitioner must prove statutory grounds under Texas Family Code §161.001(b) and demonstrate that termination serves the child's best interest. Without valid grounds, the non-consenting parent's rights remain intact.

Does the Birth Father Need to Consent If He Is Not on the Birth Certificate?

A birth father's rights do not depend solely on whether he appears on the birth certificate. His consent requirements depend on whether he has established legal paternity, whether he is a presumed father (based on marriage to the mother), and whether he registered with the Texas putative father registry. Failing to take protective steps may eliminate his consent rights.

May a Minor Birth Parent Give Valid Consent?

Texas law allows minor birth parents to consent to adoption. The minor's age does not invalidate consent if proper procedures are followed. The minor must still sign before a notary and two credible witnesses, and the court may require additional evidence that the minor understood the consequences.

What If the Birth Parent Has a Mental Health Condition?

Mental health conditions do not automatically prevent a birth parent from giving valid consent. The relevant question is whether the parent had capacity to understand the nature and consequences of signing at the time they signed. If the parent lacked legal capacity to understand the consequences at the time of signing, the consent may be challenged or invalidated.

Does Consent Apply Differently for International Adoption Finalization?

International adoptions finalized in Texas courts follow Texas consent requirements for the Texas portion of the process. The child's country of origin has separate consent requirements that must be satisfied before the child enters the United States. Both sets of requirements must be met for a complete, valid adoption.

Bailey & Galyen Blogs - Texas Attorneys

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January 29, 2026 by Bailey & Galyen

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