Germantown, MD asked in Adoption and Family Law for Maryland

Q: Is consent of bio dad needed for stepdad adoption if mom has legal /physical custody? See MORE INFORMATION for story

Note: Guy C -- true biological dad, is NOT in the picture. Yes, he is aware of the child. He has several other children by different women and is present in their lives, but not the child in question.

Situation is complicated, but here goes:

Child is born with one last name. Turns out, the father on the certificate (guy A) is NOT the biological father. Child still has his last name. Mother has legal/physical custody of child. Mother marries another (Guy B). Husband (B), who was in the picture throughout child's entire life wants to adopt child. Is consent of true biological dad (Guy C) required for adoption if mom has legal AND physical custody? Is consent of biological dad (C) required for surname change to B although surname of the child is from the incorrect father (A)? State: Maryland.

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
  • Brentwood, TN
  • Licensed in Maryland

A: Short answer is yes: biological father needs to consent or you'll need to go through the legal process to terminate his rights. You need to consult local counsel. There are many moving parts to your situation that would need to be evaluated.

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