Adopting a child automatically comes with plenty of exciting, albeit legal and emotional, complexities. And more often than not, both would-be parents are on the same page and eager to walk this journey together. However, what happens when one spouse attempts to adopt without the other’s consent or knowledge?
Is it even possible to adopt without the other spouse knowing?
Adopting Without the Knowledge of the Other Spouse is Rare
Adopting a child is a significant decision, and surprising as this may sound, many would-be parents wonder if they can do so without informing their spouse. Perhaps the other spouse isn’t onboard with the idea of adoption? Maybe the relationship is on the rocks, but at least one spouse wishes to proceed with bringing a child into their life.
Regardless of why you don’t tell the other spouse about your intentions, the general rule is that it’s not possible to adopt a child without both spouses’ involvement. While a single person can adopt a child, Texas law prioritizes shared parental involvement in decisions about a child’s future, and their rights are protected until the adoption is officially completed.
As a result, Courts typically require the approval of both would-be parents before the adoption can proceed.
As with any legal matter, extenuating circumstances could lead to an alternative decision regarding adoption. That said, they are extremely rare. If you still believe your unique circumstances warrant adoption without your spouse’s knowledge, you should consult an adoption attorney to understand your legal options and the potential consequences.
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