QUESTION
If a bio-father has has never seen child and did not sign birth cert. what is process for step parent adoption?
Asked on Apr 22nd, 2013 on Child Custody - Illinois
More details to this question:
The bio father has never even seen a picture of the child, paid zero support, and was not present at birth and thus his name does not appear on the birth cert. He was never married to the birth mother. First does he have parental rights and second what has to be done in order to do a step parent adoption? I am the stepfather and the only father figure that the child has ever known. I would like to give her the same last name as the rest of the family. Please help us!
4 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, he has parental rights because he is the father. Mom probably never told him. If she did tell him, she apparently never pursued any type of child support. He will have to agree to have his rights terminated or, at a minimum, be notified of the adoption proceeding. He may default, who knows.
Answered on Apr 23rd, 2013 at 1:25 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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The steps are to file a petition for adoption together with a petition to terminate the parental rights of the birth father. There are some formalities, but it's usually a happy time in the courtroom. Check with a family lawyer or with the Clerk of Court in your county for more details.
Answered on Apr 23rd, 2013 at 1:24 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You can look at the court's website for guidance - try Riverside it's pretty good. If you can't figure it out, hire an attorney to help. You will have to base it on abandonment. Father has parental rights but he hasn't claimed them. He will have to be served with the paperwork. After adoption, child can bear your name.
Answered on Apr 22nd, 2013 at 11:50 PM
The easiest way is to have the biological father sign a consent for adoption. If you do not know where he is, the process is a little longer, but you can still have the adoption go through, by giving notice through publication.
Answered on Apr 22nd, 2013 at 11:23 PM