Can I process my husband's adoption of my children while their father is in jail? 28 Answers as of February 08, 2012

Yes, it is possible to process an adoption while the biological father is in jail. However, you will also need to terminate his parental rights and in a termination proceeding he is entitled to have an attorney and be present at all hearings. That doesn't mean you will not prove that termination is in the best interests of the children but it does make the termination process more difficult. Sometimes, a biological parent will simply sign an agreement to terminate parental rights especially if there is a financial incentive (i.e. waiver of past due child support).

Yes, and it probably is a good time to do it while he is in jail. Step-parent adoptions require the potential step-father to be investigated. The Investigator attempts to obtain approval from the biological parent, but if he is in jail and has a record of all the items you listed, the investigator would probably recommend that he be determined to be an unfit parent and you would request the Court to grant you sole custody. Then you would be the only one who would give approval, assuming your present husband is approved by the investigation.

In Michigan, as I suspect is the case in all states, a person's parental rights must be terminated before an adoption can occur. As well, the parent must receive notice of the petition to terminate the parents parental rights. Each state has it's own statutes, court rules and procedures the provide the manner and method of seeking and obtaining of the termination of a parents parental rights.

Your husband can proceed with a petition to adopt your son while the son's father is in jail. The law requires that the father be provided notice of the filing. If the father does not consent to the adoption, your husband will have to petition for his rights to be terminated. However, he cannot be excluded from the process despite being in jail. Your husband needs to hire an attorney to represent him in this adoption proceeding. There are a number of requirements that, if not properly adhered to, can potentially destroy an adoption attempt. Pro se adoption proceedings are usually unsuccessful adoption proceedings.

No, not if you think you can simply have a step-parent adoption without the father's rights being terminated and if his rights are terminated, you have to get his permission or serve him and if he does not show up . . . . So, the short answer is while he is in jail, you have your best chances, but do not try to do this alone. You do not have the luxury of time on your side. Hire a lawyer and express the urgency.

You must first terminate the jailed father's parental rights on one of the approximately 6-8 grounds for doing so under the Iowa Statutes. You must also serve him with Original Notice of the action and proceed against him in a required way as he is legally unable to be present and though somewhat complicated because he is in jail, you can proceed to terminate his rights. You must let him know the action is pending to terminate his rights. You cannot proceed without following the very precise steps required. It would seem that you would fit one of the grounds to terminate his rights and proceed then to file an adoption. See a lawyer, this is not something you can do correctly on your own.

The children's father's parental rights must first be terminated. If he does not agree to voluntarily do so you must file to terminate his rights. Certain criteria must be met and the father must have notice. If he qualifies a public defender will be appointed to represent in a termination of parental rights case.

There is nothing about the father being in jail that, by itself, affects a step-parent adoption. If he won't consent, obviously the biggest obstacle from his incarceration is how it affects his ability to present his defense to an involuntary termination of parental rights. In Colorado, involuntary termination for a step-parent adoption can occur if there has been no payment of child support or abandonment in the 12 months preceding the filing of a petition for adoption. His incarceration does not automatically excuse him from financial support nor does it mean he can't be guilty of abandonment. You should consult an attorney who can evaluate your actual fact situation to give you better advice on how to proceed or whether you should delay the adoption until he is released.

No, you would either need to have the father of your children sign a termination of his parental rights or have the court determine that he is an unfit parent and therefore his rights should be terminated.

You are first going to have to seek to terminate the father's rights. Once that is done, you can then have your husband pursue adoption. There are many steps involved in a severance and adoption case. I suggest that you talk to an attorney.