Can my husband adopt my child with the father's consent? 26 Answers as of June 24, 2013

Can my husband adopt my child without getting the biological father's consent?

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Reza Athari & Associates, PLLC | Riana Durrett
If a child has two parents with legal custody then another person will not be able to adopt the child without termination of one of the parent's rights.
Answer Applies to: Nevada
Replied: 10/4/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
It is much easier with his consent. You can do it without it, but he must be served and could object, etc.
Answer Applies to: Wisconsin
Replied: 6/24/2013
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Yes and No. With the biological father's consent, this is an east step-parent adoption. Without his consent, you have to terminate his rights and that requires you to show one of the enumerated grounds in the Family Code, and establish that it would be in your child's best interest. So, yes, you can do it without the biological father's consent, but it is not as easy as it may seem and there is a chance that you will loose the termination at trial if he fights.
Answer Applies to: Texas
Replied: 9/28/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
A termination of parental rights along with a step parent adoption can be accomplished rather simply with the assistance of an attorney. However, it would require one, and perhaps several court appearances.
Answer Applies to: Minnesota
Replied: 9/27/2011
Gonzalez Law Associates P.C.
Gonzalez Law Associates P.C. | Carlos Gonzalez
Generally not unless you've done a termination of his parental rights which would generally be done through the courts. Then I would free the child for adoption.
Answer Applies to: New York
Replied: 9/27/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana, under certain conditions the biological father's consent will be considered waived. If the father has not paid child support in violation of a court order for six month, or if the father has not contacted or seen the child "without just cause" for six months, his consent will be considered waived by the court and the child may be adopted by a step-parent. The court will still consider the "best interest of the child," and judge whether or not the adoption is good for the child, prior to granting an adoption.
    Answer Applies to: Louisiana
    Replied: 9/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have to terminate the biological father's rights.
    Answer Applies to: Connecticut
    Replied: 9/27/2011
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If you file for Petition for Termination of Parental Rights, and the judge grants it, then you will not need the "Bio Dad's" consent.
    Answer Applies to: Pennsylvania
    Replied: 9/27/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    You first need to terminate the parental rights of the biological father before any step-parent adoption can proceed.
    Answer Applies to: Wisconsin
    Replied: 9/27/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    If the father has not paid court ordered child support for at least one year, or if no support ordered, not seen the child for one year, his consent is not necessary.
    Answer Applies to: Ohio
    Replied: 9/27/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If the biological father does not consent to the adoption, his parental rights cannot be terminated by the Court (which is required for an adoption) unless he both has not been in contact with his child and has not supported his child for more than one year.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    You must either terminate the rights of the biological father or gain his consent for the adoption. After the parental rights have been terminated you may proceed with the adoption.
    Answer Applies to: California
    Replied: 9/27/2011
    Elizabeth Jones, A Professional Corporation
    Elizabeth Jones, A Professional Corporation | Elizabeth Jones
    Yes. It is called a step parent adoption which can happen after terminating the bio fathers parental rights. Get a lawyer for this one. It can be a bit complicated.
    Answer Applies to: California
    Replied: 9/27/2011
    Brubaker
    Brubaker | Melanie
    The bio-dad will need to sign a termination of his parental rights for this step-parent adoption. That is your quick answer. An adoption has many steps which need to be followed and I recommend that you meet with a family law attorney along with your husband and discuss this step-parent adoption.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Maybe, if the father has failed to support or see the child. Your lawyer will need details to answer you, and adoptions certainly require counsel.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Yes, under certain circumstances, particularly if the bio father has not paid court ordered child support for at least one year and has not had a bona fide relationship with the child. However, the bio father will need to be served with the adoption petition. Seek the advice of a lawyer regarding how best to proceed.
    Answer Applies to: Georgia
    Replied: 9/27/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    Only if you can prove the bio father has legally abandoned the child. Abandonment requires at least 6 mos. of no contact, no support, etc., without good cause.
    Answer Applies to: Oregon
    Replied: 9/27/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    The biological father needs to consent to the adoption. If you do not know where he is then you can publish notification in the newspaper where he was last known to reside. But you need to make every effort to either find him or obtain his consent. An adoption cannot take place without following the notification requirements and/or consent.
    Answer Applies to: Massachusetts
    Replied: 9/27/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    For a step-parent adoption, the bio-father's rights can only be terminated by consent or if the court finds that the father has wrongfully failed to provide financial support or has abandoned the child. You should consult an attorney to get an accurate assessment of your specific situation.
    Answer Applies to: Colorado
    Replied: 9/27/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    In most circumstances, no. However, if he has not paid child support or seen the child or attempted to see the child for a substantial time (generally at least a year or more), then it might be possible. You should consult an attorney in order to best determine your potential rights and options.
    Answer Applies to: Florida
    Replied: 9/27/2011
    Lopez Law Firm
    Lopez Law Firm | Jaime O. Lopez
    It would first require an involuntary termination. If the Judge grants the termination, you could proceed with the adoption. There must be sufficient grounds for termination.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Your new husband may be able to adopt your child. However, that is likely to depend on the biological father giving his consent to having his parental rights terminated. If he is unwilling to give than consent, then, it may be difficult to impossible to do the adoption, depending on circumstances.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    If the biological father has not consented, then his parental rights would have to be terminated by a separate court order. Generally, this can only be done if the biological parent has legally abandoned the child. I recommend you speak with an attorney to determine whether the facts of your situation are appropriate to consider an action for termination of parental rights.
    Answer Applies to: Arizona
    Replied: 9/27/2011
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