Q: How does my husband need to go about adopting my son? The biological father has never seen him or established paternity.
I have a three year old child and his step father wants to adopt him but I don't know what we need to do to to make that happen. My husband has been in my child's life since he was 8 months old and the biological father (whom I was never married to) has never seen him or established paternity even though he was made aware of the child's birth. He is not on the birth certificate and has made no attempts to be in my child's life.
A: I strongly suggest you hire a lawyer to assist you in this process, its not something you should attempt on your own. To complete a "step-parent adoption," a petition will need to be filed in court asking for that, and part of the process is to terminate the parental rights of the biological father. Although he has apparently never exercised these rights, they still exist until terminated by court action. This is not something that is taken lightly, as the required proof is a high standard. It sounds like the biological father is guilty of "abandonment" ( this word has a specific legal definition in Tennessee) so its likely that you can get the termination of rights accomplished and the adoption approved, but again, that's too complicated to explain in this general info - question/answer format. If you want it done right ( and believe me , you do) hire an experienced family law/adoption lawyer. There is also a process where the biological father can voluntarily "surrender" ( sign away) his parental rights, but again, you best bet is to retain a lawyer.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
