QUESTION
Can my husband legally adopt my son without contacting the biological father?
Asked on Jul 27th, 2012 on Child Custody - Pennsylvania
More details to this question:
My son does not have a father on his birth certificate. This biological father is in prison for the next 20 years.
26 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on Jun 14th, 2013 at 9:32 AM
Bruce Arthur Plesser
No.
Answered on May 29th, 2013 at 12:47 AM
Litigation Attorney serving Westland, MI
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Clos, Russell & Wirth, P.C.
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If paternity has never been established, then he should be able to adopt your son.
Answered on Aug 14th, 2012 at 11:40 AM
Child Custody Attorney serving Roseville, MI
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Law Offices of Maryanne Spryszak-Hanna, PC
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Probably, yes. If the Bio Dad has not supported the child and will not be able to support his child for at least 2 years in the future, you can proceed with termination the bio dad's rights.
Answered on Aug 14th, 2012 at 11:40 AM
Barbara A. Fontaine
In Rhode Island, the biological father would be the putative father if not on the birth certificate. You would file adoption papers and he could either sign an agreement (if he were the father) or come to court and lose anyhow. Have done this several times.
Answered on Aug 14th, 2012 at 11:39 AM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Maybe. You still have to identify the father, and give him notice. This can often be done by taking an ad out in a newspaper. Please contact a family law practitioner for information.
Answered on Aug 14th, 2012 at 11:39 AM
1 Award
In order for your husband to adopt your son, the biological father will either have to sign a consent to adoption or you can serve him with the petition for adoption.
Answered on Aug 14th, 2012 at 11:38 AM
No. Even a prisoner is entitled to be a parent. In order for your husband to adopt, you would have to terminate the parental rights of the father.
There is no way on earth for you to do this without a lawyer, so talk to one and find out the details of what you would have to prove and what your chances are based on your particular facts.
Answered on Aug 14th, 2012 at 11:38 AM
Business/ Commercial Attorney serving Seattle, WA
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Wolfstone, Panchot & Bloch, P.S., Inc.
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The consent of the biological parent must be obtained.
Answered on Aug 14th, 2012 at 11:38 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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You must either contact the known father or publish in the paper if the father is unknown.
Answered on Aug 14th, 2012 at 11:38 AM
In order for your husband to adopt your child, you must either obtain the biological father's written consent or file a separate action to terminate his rights.
I recommend you consult with an attorney to discuss this process so you can determine your best course of action.
Answered on Aug 14th, 2012 at 11:37 AM
Whether he's incarcerated or not, the biological father still has a right to be a party to any adoption proceedings and given a chance to contest them if he so desires.
Answered on Aug 14th, 2012 at 11:37 AM
Accidents Attorney serving Blue Springs, MO
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Blue Springs Law Office LLC
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If the biological father is known and his whereabouts are known, then he must be served notice of your Petition for Adoption.
He could object, but it would be difficult from prison. An experienced adoption attorney would be able to discuss the particular situation with you and advise you about your chances of success.
Answered on Aug 14th, 2012 at 11:37 AM
Your husband can file a stepparent adoption. If you know the identity of the biological father and his whereabouts he must have notice and an opportunity to be heard, but he can consent to the adoption.
If he does not consent, your husband will have to request that the parental rights of the biological father be terminated as a part of the adoption.
Answered on Aug 14th, 2012 at 11:37 AM
Gregory Graf
You must contact the biological father and give him notice.
Answered on Aug 14th, 2012 at 11:36 AM
Dennis P. Mikko
Generally, the biological father would have to consent to the adoption and since he is in prison he may very well be willing to do so.
However, since he has not provided any support or had any parenting time and will not in the near future, you may be able to have his rights terminated without his consent thereby allowing for your husband to adopt.
Answered on Aug 14th, 2012 at 11:36 AM
Since you know who the biological father is and where he is, he must be given notice.
Answered on Aug 14th, 2012 at 11:36 AM
The biological father has to be notified but he may not be able to prevent the adoption.
Answered on Aug 14th, 2012 at 11:36 AM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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NO. If you know who is, or might be, the biological father the procedures necessary to ensure that any adoption will be valid and final requires you and your husband to provide him notice of the adoption petition.
Even though there has not yet been a formal determination of any parental rights, it is important that he be given a chance to object to the adoption if he believes he should have some parental rights.
If he receives notice and fails to object, he will be barred from making any claim in the future. If he is not given notice, there is a chance that he could come into your life in the future and try to set the adoption aside.
Answered on Aug 14th, 2012 at 11:35 AM
Real Estate Attorney serving Williamstown, NJ
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Law Offices of Slotnick & Schwartz
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If you know the biological father you must contact him. If he attempts to contest the adoption the court can decide to terminate his rights and allow the adoption to continue.
Answered on Aug 14th, 2012 at 12:56 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The consent of the father is required. This one will probably consent.
Answered on Aug 14th, 2012 at 12:54 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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No the court will require that information about the father be revealed and that the biological father be contacted. You will have to file a petition to free your son for adoption.
Answered on Aug 14th, 2012 at 12:51 AM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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You should terminate fathers rights. Then file a petition for an adoption.
Answered on Aug 14th, 2012 at 12:42 AM
2 Awards
An adoption is possible under these circumstances. You would need to consult with an adoption attorney to get it done.
Answered on Aug 14th, 2012 at 12:25 AM
Yes. In Alabama a judge may grant an adoption with 6 months of no contact which includes prison sentences. If it is in the best interest of the child to be adopted, that can be done without consent from the biological father.
Answered on Aug 14th, 2012 at 12:21 AM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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No you must terminate bio dad's rights.
Answered on Aug 14th, 2012 at 12:19 AM