The biological father is not on the birth certificate at all — can my husband adopt in Texas?

Yes, your husband can ask a Texas District Court to approve a stepparent adoption even though no father is named on the birth certificate, but what the court requires about the father depends on your facts. A blank space on the birth certificate is not the same as a legal answer about the father's rights, so it helps to know which situation you are in.

If the father's identity is unknown

Whether the court requires any notice or other step when no father can be identified is a fact-specific question. The District Court clerk in your county, or an attorney, can tell you what applies to your case.

If you know who he is but he was never listed

Whether he has any legal rights, and what notice or consent the court expects, depends on your history with him. This is the situation to confirm with the clerk or an attorney. Texas also looks at how involved a parent has been:

• Under Tex. Fam. Code § 161.001, abandonment can be found when a parent has failed to support the child for at least six months, or has failed to maintain contact for one year or more.
• Occasional child support payments alone do not prevent an abandonment finding. Courts look at the whole relationship, including emotional support and overall involvement.
• Token contact does not prevent an abandonment finding either.

What else matters in Texas

• Court: The case is filed in District Court in your county. Texas has 254 counties, and filing requirements can differ slightly from one to the next.
• Child's consent: A child who is 12 or older has a consent requirement under Tex. Fam. Code § 162.010.
• Home study: It is waived for stepparent adoptions under Tex. Fam. Code § 107.153(a-1), so you generally don't need to plan for one.
• Adoption requirements: The general rules are in Tex. Fam. Code § 162.001. Your husband must also meet the standing requirements that apply to anyone filing.
• Timeline: A stepparent adoption typically takes about 3 months.
• Cost: Court filing fees run about $200-$500. The typical total is under $850, compared with $3,000-$5,000+ for an attorney.

Before you start

Gather what you know about the father: his name if you have it, when he last had contact or paid support, and whether anyone ever filed anything about paternity.