So what will the answer be in this question The parental rights of the other natural parent should be terminated based upon: Abandonment (no contact/support) Voluntary consent of natural parent
For your situation in Texas (biological father not listed on birth certificate), you would select: "Abandonment (no contact/support)"
Here's why:
Since the biological father's identity is unknown and he's not on the birth certificate, he obviously hasn't had contact with or supported the child. This is the textbook definition of abandonment.
## How it works in Texas:
Texas law recognizes abandonment when a parent has:
- Voluntarily left the child without adequate support AND remained away for 6 months, OR
- Expressed an intent not to return and remained away for 3 months
An unknown father who has never been involved clearly meets this standard.
## Why NOT "Voluntary consent":
"Voluntary consent" would only apply if:
- The biological father's identity WAS known
- He was willing to sign paperwork consenting to the adoption
- You could locate him to get his signature
Since you can't get consent from someone whose identity/location is unknown, abandonment is the correct legal basis.
## What happens next:
In your petition, you'll state that the unknown biological father has abandoned the child. The court will review this and terminate his unknown parental rights as part of approving the adoption. This allows your husband to become the legal father.
The questionnaire will walk you through providing the details, and we'll prepare all the correct documents and affidavits based on abandonment.
Does that make sense? Any other questions about filling out the application?
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