Can my husband adopt my son if the biological father is not on the bitch certificate? 10 Answers as of May 03, 2011

My husband wants to adopt my son. The biological father lives is a heroin junkie and has never been there financially or physically for my son and is not on the birth certificate. We need to know the steps we need to take to get the parental rights from the biological so my husband can adopt my son. Me and my husband also have 2 children together.

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you know (or are pretty sure) who the bio father is, you will need to provide him notice of the step parent adoption and either get his consent (if he agrees he is the father) or a judicial finding that he has failed to provide support or has abandoned the child. If the bio dad doesn't want to be involved (and be required to pay child support) he should consent and make things fairly simple to terminate any parental rights he might have, or acquire in the future. If he wants to be involved as a parent, it may be more difficult but not impossible.
Answer Applies to: Colorado
Replied: 5/3/2011
Law Office of John C. Volz
Law Office of John C. Volz | John C. Volz
Yes, your husband can adopt your son. You should retain an attorney who can assist you in the adoption proceedings and you will need to give notification to the biological father.
Answer Applies to: California
Replied: 5/1/2011
Lori C. Obenauf LLC
Lori C. Obenauf LLC | Lori C. Obenauf
Your husband can file a petition for a stepparent adoption. As part of the process, you can request that the biological father surrender his parental rights. In the event he chooses not to do so, you can have a hearing to determine whether or not his parental rights should be terminated to clear the way for your husband to adopt the child. You should retain counsel to handle the adoption process on your behalf.
Answer Applies to: Georgia
Replied: 4/28/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
You need to terminate the parental rights of the biological father in order for your child to be free for adoption.
Answer Applies to: Connecticut
Replied: 4/28/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If the biological father consents to the adoption, your husband likely can easily adopt your child. If the biological father refuses consent, if the biological father hasn't contacted or visited the child, and hasn't provided support for the child, for the last year, your husband should be able to have the biological father's parental rights terminated in his adoption case.
Answer Applies to: California
Replied: 4/29/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    To seek a step parent adoption you must first terminate the other biological parents rights. This can be done by agreement or, if an agreement cannot be reached, through a contested proceeding if there is a basis to do so under Minnesota Statutes. Once parental rights are terminated, any obligation to pay ongoing child support is also terminated.
    Answer Applies to: Minnesota
    Replied: 4/29/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    I believe you will need to terminate the parental rights of the biological father, or get his written consent for the adoption. Stay well.
    Answer Applies to: Alabama
    Replied: 4/28/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Yes, you husband can adopt your son. The process is called a step parent adoption, and requires either the consent of the birth father if he is known, or his parental rights can be terminated as part of the adoption process. You need to file an adoption request with the court, which is something that you can either have an attorney assist you with, or prepare and file yourself.
    Answer Applies to: California
    Replied: 4/28/2011
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