Hello,

My wife had a son 6 years ago, about a year before we were married. Her son has the last name of his biological father. But the father has not been seen or heard from in about 5 years. We have heard he may be in California, but was last known of in Illinois.

because he has not tried to contact my wife or my(his) son in that amount of time, does he automatically give up his rights so i can adopt the child?

Also, what would we have to do to adopt him.

Thank You

Circumstances That Are Grounds for Termination of Parental Rights
Fam. Code §§ 161.001; 161.002; 161.003; 161.007


The parent has abandoned the child.
The parent is unable to discharge his or her parental duties due to:
Mental illness, emotional illness, or mental deficiency
Use of a controlled substance
Incarceration for not less than 2 years
The parent knowingly placed or allowed the child to remain in conditions or surroundings or with persons who engaged in conduct that endangered the physical or emotional well-being of the child.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of being criminally responsible for the death or serious injury of a child or any of the following crimes against a child:
Murder or capital murder
Indecency with a child, assault, sexual assault, aggravated assault, or aggravated sexual assault
Injury to a child, elderly individual, or disabled individual
Abandoning or endangering a child
Prohibited sexual conduct, sexual performance by a child, or possession or promotion of child pornography
The parent is the father of a child conceived as a result of a sexual offense.
The parent has failed to support the child in accordance with the parent’s ability for 1 year.
The parent abandoned the mother of the child during her pregnancy and failed to provide adequate support or medical care for the mother, and failed to support the child since birth.
An alleged father has failed to register with the paternity registry or to respond to notice.
The parent has been the major cause of:
The child’s failure to be enrolled in school as required by law
The child’s absence from home without the consent of the parents or guardian for a substantial length of time or without the intent to return
The parent has been the cause of the child being born addicted to alcohol or a controlled substance.
The parent voluntarily delivered the child to a designated emergency infant care provider.
The parent has failed to maintain regular visitation, contact, or communication with the child.
Parental rights to another child of the parent have been involuntarily terminated.



Who Must Consent to an Adoption
Citation: Fam. Code § 162.010


The managing conservator must consent.
If a parent of the child is presently the spouse of the petitioner, he or she must join in the petition for adoption.


Age When Consent of Adoptee is Considered or Required
Citation: Fam. Code § 162.010
A child 12 years of age or older must consent, unless the court finds it in the child's best interest to waive consent.

When Parental Consent is not Needed
Citation: Fam. Code §§ 161.003; 161.005; 161.006; 161.007


The parent is unable to care for the child due to mental illness.
The parent has voluntarily terminated parental rights.
The parent has no right of consent after an abortion where the child survives.
A person is convicted of a crime resulting in the birth of a child.
The parent's rights have been terminated on the grounds of abandonment, nonsupport, endangerment, abuse, or neglect.


When Consent Can Be Executed
Citation: Fam. Code §§ 161.103; 161.106


The birth mother may consent no sooner than 48 hours after the child's birth.
A man may sign an affidavit disclaiming any interest at any time before or after the birth of the child
.


How Consent Must Be Executed
Citation: Fam. Code § 161.103
A consent must be signed by the parent, whether or not a minor, witnessed by two credible witnesses, and verified by a person authorized to take oaths.

Revocation of Consent
Citation: Fam Code §§ 161.1035; 162.011


An affidavit of relinquishment that fails to state that it is irrevocable can be revoked before the 11th day after signing.
On the 11th day, consent becomes irrevocable.
Any time before an order granting an adoption is filed, consent may be revoked by filing a signed revocation.



Does State have a Putative Father Registry: Yes

Registry/Paternity Requirements to Receive Notice
Citation: Fam. Code §§160.402(a); 160.312


The putative father may file before the child's birth, but no later than the 31st day after the child's birth.
Registration requires a completed Bureau of Vital Statistics form, signed and acknowledged by the putative father.


Revocation of Claim to Paternity
Citation: Fam. Code § 160.414

The putative father may at anytime revoke a notice of intent to claim paternity by submitting a written statement which has been signed and notarized.


Access to Information Maintained in Registry
Citation: Fam. Code § 160.412


The birth mother
A court
An authorized agency
A licensed child-placing agency
A child support enforcement agency
An attorney involved in the case
The Registry of another State



Who May Adopt
Citation: Fam. Code § 162.001
Any adult may adopt.

Who May Be Adopted
Citation: Fam. Code § 162.001

A child residing in the State may be adopted if any of the following hold:
The rights of the parents have been terminated.
The petitioner is a stepparent.
The child is at least 2 years old, and the petitioner is a former stepparent who:
Has cared for the child at least 6 months, and the non-terminated parent consents
Has had care, possession, and control of the child for at least 1 year


Who May Place a Child for Adoption
Citation: Fam. Code § 162.025
Only the following may place the child:

The child's natural or adoptive parent
The child's legal guardian
A licensed child-placing agency

has child support been paid at all? no contact- phone call, letter, etc?