How can I get absent parent to terminate rights so my husband can adopt? 12 Answers as of April 19, 2011

How can I get absent parent to terminate rights so my husband can adopt and I can change his last name to my married name? He was a sperm donor has no contact but pays support. Id like to stop child support and have my husband but on birth certificate. Please help.

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You can never force someone to voluntarily terminate their rights. However, if the person is delinquent in child support payments, that may be a basis to negotiate an agreement. In the alternative, you may file a contested action to terminate parental rights if the parent has been absent from the child's life for a significant period of time.
Answer Applies to: Minnesota
Replied: 4/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Have you asked the biological father if he will agree?

I know that may sound too simple, but in many cases like the one you describe it is that simple. Ask the biological father if he want to stop paying child support. The answer is almost assured to be "yes". Then tell him that your husband wants to do a step-parent adoption - which would terminate his (bio dad) obligation to pay child support. If he agrees, and many times they do, then and only then tell him that it does mean he has to give up his rights. If he agrees, the rest is all easy. The Court will not terminate a bio-dad for just any reason, but a step-parent adoption is a good reason and if bio-dad agrees, the Court should not disagree. Step parent adoptions are fun, fairly easy and while not cheap, there are ways to get some of the expenses cut, such as waiver of home studies, etc. I have been very successful in this regard, to date no Judge has denied the waiver - though there is not a form for it, I created the motion and it works so I keep using it. If this is in Collin or Dallas County, please give me a chance to earn your business, I would love to help out. That said, the first step is to ask bio-dad if he is going to create problems. If he is in agreement, the rest is easy and we change the child's last name at the adoption.
Answer Applies to: Texas
Replied: 4/18/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
In Colorado a step parent can adopt a child only if the bio-parent consents or if the bio-parent has failed to pay child support for a year and/or has abandoned the child. Nonsupport and abandonment may permit a court to terminate parental rights involuntarily. There is nothing you can do to involuntarily terminate the bio-parent's rights just because you don't want him around anymore as long he does nothing wrong.
Answer Applies to: Colorado
Replied: 4/18/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
If you can get bio dad to agree, you will need to process papers to terminate his rights and then to perform the adoption by your new spouse. If he will not agree to terminate his rights, than you can still Petition the court and try to get the court to terminate his rights.
Answer Applies to: California
Replied: 4/18/2011
Lori C. Obenauf LLC
Lori C. Obenauf LLC | Lori C. Obenauf
All adoptions, including step-parent adoptions, are best done through an experienced adoption attorney. Please contact me for a free consultation.
Answer Applies to: Georgia
Replied: 4/17/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Discuss it with him to see if he is willing to consent. Is this also what the child wants? If he truly is as you describe, then he will prefer to terminate support over continuing to have the child carry on his name. It just seems rare that the non-custodial parent pays support, yet is actually as you describe. Stay well.
    Answer Applies to: Alabama
    Replied: 4/17/2011
    Owings Law Firm
    Owings Law Firm | Tammy B. Gattis
    As long as he pays support he cannot be terminated as a parent. The court will let your new husband adopt him
    Answer Applies to: Arkansas
    Replied: 4/17/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There is a procedure for termination of parental rights in Probate Court. If the biological father will consent it will go faster. Please contact us if you wish to discuss further; we have a free initial consultation. Good luck.
    Answer Applies to: Connecticut
    Replied: 4/17/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    I'd start by asking if he will agree to terminate parental rights. Also, why would someone who was a sperm donor be paying child support? Donors have no legal obligation or connection to the child, unless you allowed it. If that is the case, why doesn't he see the child?
    Answer Applies to: California
    Replied: 4/15/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    You can ask him to consent to the adoption. If he will consent to the adoption, and sign the requisite consent when the Social Worker presents it to him, his parental rights and his child support obligation will terminate upon your husband's adoption. However, since he is and has been paying Child Support, your husband will likely not be able to adopt your child and the bioolgical father'sparental rights will likely not be terminated by the court unless he consents to the adoption. If your husband adopts your child, your child will receive your husband's last name. You cannot get your child's birth certificate changed to reflect the name of the adoptive father.
    Answer Applies to: California
    Replied: 4/15/2011
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