Originally Posted by
adthern
If you currently live in Texas, then Texas law should control. If there is no father listed on the birth certificate, then it rests with you to name the presumed biological father. What I mean by that is in an adoption proceeding they notify the biological father/father of record (from BC) so he can advocate for his parental rights. If the father can not be notified or is not notified then the judge will (after publication in the newspaper) likely terminate his rights. Then the new husband is free to adopt.
That being said, I caution you against willfuly failing to identify the true father (I am not saying you would, just warning) it could have significant legal implications in the future and would be perjury.