QUESTION
Do we need the biological father’s permission for my partner to adopt my son even if we do not have contact with him?
Asked on Sep 12th, 2012 on Child Custody - Pennsylvania
More details to this question:
I have been with my partner for nine years. We are looking into him adopting my eleven-year old son. My son’s biological father has not been in any contact since he was two years old. His name is on the birth certificate but I have no contact as to where he is.
23 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 3:18 AM
A couple things: 1) For an adoption to proceed, the biological parent's rights need to be legally terminated, or he would need to consent to the adoption. 2) Arizona law does not allow an unmarried partner to adopt a child - only a legal "stepparent" can adopt.
Answered on Sep 18th, 2012 at 6:47 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Your partner must be married to you to adopt the child. Once you are married, you can file for adoption, and will not need the father's consent if he has not paid support or seen the child for one year.
Answered on Sep 18th, 2012 at 5:17 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You can not terminate parental rights without notice. You need an attorney to help you.
Answered on Sep 18th, 2012 at 5:17 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would need to get his permission.
Answered on Sep 18th, 2012 at 5:16 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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Yes definitely.
Answered on Sep 18th, 2012 at 5:16 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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The biological father has to be contacted to either voluntarily terminate his rights or for a hearing to terminate them. Given his lack of contact, the court will likely terminate even if he doesn't do so voluntarily, unless he can show that you purposely withheld contact despite his best efforts. In either case there has to be a termination before your partner can adopt.
Answered on Sep 18th, 2012 at 5:15 PM
Michael Paul Vollandt
Yes. You will have to file a Stepparent Adoption action and serve it upon the biological father if he was listed on the birth certificate or if he is a presumptive parent.
Answered on Sep 18th, 2012 at 5:15 PM
No. In Alabama an adoption can be granted when the biological parent has no contact or minimal contact with the child for 6 months. I would file the adoption and let the judge hear the evidence of no contact.
Answered on Sep 18th, 2012 at 5:14 PM
Yes in Oklahoma. However, if you are in Oklahoma you will need to be married to your partner.
Answered on Sep 18th, 2012 at 5:14 PM
1 Award
Yes, you need him to sign a consent to the adoption. If you do not know where he resides, you can still file the suit for adoption and request that a curator be appointed.
Answered on Sep 18th, 2012 at 5:13 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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You must meet with an experienced adoption attorney.
Answered on Sep 18th, 2012 at 5:13 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, the father must consent in writing.
Answered on Sep 18th, 2012 at 4:02 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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The biological dad's rights need to be terminated (voluntarily or involuntarily) before anyone can adopt. If he can't be found, then a notice needs to be published to give the proper notice.
Answered on Sep 18th, 2012 at 4:01 PM
Civil Attorney serving Spokane, WA
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Glenn E. Tanner, Attorney at Law
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You will need to provide legal notice. That's not the same thing as permission. Permission is easier. See an adoption attorney.
Answered on Sep 18th, 2012 at 3:56 PM
You have to inform the biological father in one form or fashion of the desire to adopt his son. If you cannot locate the father, you will have to make notice through publication.
Answered on Sep 18th, 2012 at 3:48 PM
Elder Law Attorney serving Ithaca, NY
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Robin Abrahamson Masson Attorney & Counselor at Law
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If you cannot obtain your son's father's consent to the adoption, you will have to prove to the court that he abandoned his son, which, based on the facts you give, should not be a problem. You will also have to give him notice of the adoption: if you don't know where he is, the court will order alternative notice, maybe by mailing to a relative that he might be in contact with, or publishing in a newspaper. You will likely need a lawyer to help you navigate all these challenges, and to make sure that things are done right and that the father can't come back later and try to assert his parental rights.
Answered on Sep 18th, 2012 at 3:47 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Yes, you need his consent for a step-parent adoption in Colorado, unless you prove to the court's satisfaction that the father has abandoned the child or has failed to pay child support for the 12 months prior to filing the adoption petition.
Answered on Sep 18th, 2012 at 3:47 PM
Family Law Attorney serving Temecula, CA
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Landon Rainwater Robinson LLP
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The father has a due process right to be notified before his child can be adopted. You should consider retaining a lawyer who is experienced in adoption. You might be able to show abandonment by the father which is sufficient grounds for terminating parental rights.
Answered on Sep 18th, 2012 at 3:46 PM
Family Law Attorney serving Santa Ana, CA
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Law Office of Rhonda Ellifritz
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Your partner must be your husband before he can adopt your son.
Answered on Sep 18th, 2012 at 3:46 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Maybe. An attempt has to be made to notify the biological father through publication in (G)eneral circulation newspaper if you cannot find him. Please see a family law attorney to properly execute the step parent adoption.
Answered on Sep 18th, 2012 at 3:44 PM
Steven D. Dunnings
It would be helpful.
Answered on Sep 18th, 2012 at 3:37 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Yes you must terminate rights before adoption.
Answered on Sep 18th, 2012 at 3:34 PM