Missing Baby Gabriel: Texas Underground Adoption- Texas Laws Re Dad Logan McQueary

Missing nine-month-old Baby Gabriel Johnson may have been adopted out to a family via underground adoption. His mother, Elizabeth Johnson had talked about adoption and even abortion during her pregnancy, according to an ex-coworker, and soon after Baby Gabriel's birth. In early December 2009, Johnson tried to adopt Gabriel out to Scottsdale Arizona couple Jack and Tammi Smith. However, Gabriel's father, Logan McQueary, wanted to keep his son.

When McQueary allegedly refused to sign adoption papers, Johnson ran with Gabriel to Texas, where underground adoptions are common. Through Tammi Smith, Johnson let McQueary know she would not return with Gabriel if he did not sign the adoption papers.

But McQueary has more to worry about that adoption- legal or illegal. His son may not be alive, even though the prognosis for Baby Gabriel being alive is good- investigators have found no physical evidence of murder. And Johnson seems to have followed the routine procedure of an underground adoption.

As McQueary found out on Sunday, Johnson's San Antonio hotel HomeGate Studios & Suites is frequented by mothers who want to adopt out their babies. Underground adoption baby brokers house the mother and baby in the hotel and meet with her there to fill out the paperwork.

The next step is for the mother to take the baby to Six Flags Fiesta Texas amusement park and introduce him to his adoptive family. The mother often hands over her baby then. The public place is safe for both parties. Johnson and Baby Gabriel were caught on a surveillance camera outside of the Six Flags Fiesta Texas on December 26, the last day that Baby Gabriel was seen, with his mother.

About birth parents and legal adoption in Texas- and Logan McQueary. By Texas law, the mother ends her parental right by executing a 'Mother's Affidavit of Relinquishment of Parental Rights', which she signs in front of a Notary Public and two witnesses. The father, if he is not married to the mother, is deemed an alleged biological father of the child but is not presumed to be. He therefore does not have the same rights as the birth mother or a presumed father. To gain those rights, he must establish his relationship with the child, usually through a paternity suit.

What this would mean under usual circumstances to Logan McQueary as Johnson's ex-boyfriend and unmarried father to Baby Gabriel is this- he would have no paternity rights in Texas unless he won a paternity suit. To have the same rights as the birth mother or a presumed/ legal father, he would have to establish a parent/ child relationship with the child, most often executed by a paternity suit.

A second crucial aspect that would usually apply to McQueary is this- if as a biological father he is uncooperative with the birth mother in her adoption plan, or if his identity or whereabouts were unknown, his rights may be cut off without notice by use of the Texas Paternity Registry. By Texas law, if a biological father fails to register with the Texas Paternity Registry within thirty-one days of his child's birth, the Court may end his parental rights.

However, Maricopa County's Family Court awarded full custody of Baby Gabriel to McQueary on December 28 2009 when Johnson failed to show up. Johnson thus had no legal right to place Gabriel up for adoption. A legal adoption, by Texas law, would have required Baby Gabriel to live in the home of his future adoptive parents for six months before his adoption would be finalized- unless waived by the Court.

The difference between legal and underground adoptions is a fine line. State agencies once had a monopoly on the adoption market. But no more. Even though the number of births of babies, especially Caucasians- which are in the highest demand- the number of private adoption agencies has leapt into the thousands. What was a nonprofit venture at low cost to prospective parents has become big business. A baby typically fetches from $20,000 and up. A baby in high demand may fetch up to $100,000 for an underground adoption agency.

If you have tips about Baby Gabriel Johnson, submit them at jjarmes.com/babygabrielcase.html.

Source: adoption access. Other sources are embedded.