[mamabear]

My husband would like to adopt my daughter.She just turned 2 this Nov. but my husband was there for me through my pregnancy and her birth.He has raised her ever since.There is no father listed on the birth certificate but I think I know who the real father is.He is convicted of sexual assault of a minor for forcing me to have sex with him when I was 15 and he was 21.He is now in prison serving a 10 year sentence.He knows there is a possibility that my daughter is his but he says he doesn't care unless the child is a boy.Well she is a beautiful little GIRL!He won't claim her and he won't get a dna test.But when I ask him if he was the father would he sign over his rights he says no.Its has been a year and a half since I last spoke with him or any member of his family.My husband is a great man and wants all father rights to her.What can we do in the state of Texas?

[ScottGem]

If there is no father listed, there is a good chance you can do this. You need to go to your local Family Court and file a petition for adoption. It is possible the coiurt will require that the father relinquish his rights. It would then be better to tell them you aren't sure who the father is, which is why the birth certitifcate is blank.

[jrussole]

Yet legally if no paternity test is attempted, cannot this convict change his mind in ten years and state he is indeed the father and wants his rights back? I would not chance it. Seek legal representation about this. She will be 12 years old at the time of his release. Unless he gets parole. Which will cause you more concern. She is worth the advice of an attorney. To enable no chance of visitation/custody in the future.