What are the rights of the father during pregnancy – and beyond?
If your girlfriend is pregnant, you may be weighing your options, including either parenting or making an adoption plan for your child. Before you make any decisions, take the time to learn about the rights of the father during pregnancy. It’s especially important to understand Texas laws about fathers’ rights, as your rights are different during the pregnancy vs. after baby has been born.
What rights does the father have when a girlfriend is pregnant?
In Texas, the mother is the only legal parent that state law recognizes during pregnancy. As the baby’s father, your parental rights do not begin until the baby is born. This means that during pregnancy, the mother is in control of all decisions related to the pregnancy, including medical decisions. She can choose what doctors to use, where she wishes to give birth, and whether or not you can be present when the baby is born.
Once the baby is born, however, your legal standing as a father changes. As your baby’s legal parent, you have the right to see your child and to consent to medical treatment for them. You also have the right to consent to the adoption of your child. If the two of you do not agree about making an adoption plan, your case will go to court, where a judge will decide whether the parental rights of either or both parents should be terminated so that an adoption can proceed.
Do I have to establish paternity to consent to adoption?
Establishing legal paternity gives you the right to consent – or refuse to consent – to placing your baby for adoption. If you are an unmarried father, becoming a legal parent requires you to take action. There are a few ways to establish or assert paternity in Texas.
- Both you and the baby’s mother can sign an Acknowledgement of Paternity form with the state.
- You can file a court-ordered paternity suit.
- If the mother does not recognize your paternity, you can register with the Texas Voluntary Paternity Registry. While registering doesn’t establish legal paternity, it is a way to assert paternity and ensure that you are notified of any adoption or termination of parental rights proceedings related to your child.
If you establish legal paternity, your name will be placed on the baby’s birth certificate, and you will be able to ask a court to order visitation, custody or child support. Legal paternity also allows a court to require you to pay for medical costs associated with the pregnancy and birth. In some cases, fathers have been required to retroactively pay child support for the months the mother was pregnant.
Learn more about rights of the father during pregnancy
Arming yourself with information is the best first step when your girlfriend is pregnant, and one or both of you is considering making an adoption plan. Our experienced options counselors are deeply familiar with Texas laws about fathers’ rights, and we are happy to answer all of your questions and provide information and support so you can move forward with confidence. Our counseling services are completely free and don’t obligate you to make an adoption plan. Call (817) 799-6834 to speak with a counselor today.