Q: Do we need biological father's consent for adoption if we have full custody of the child?
My wife has the full custody of her 9 years old daughter and already changed her last name to her maiden name. Do we need her biological father's consent for me to adopt her and change her last name to mine?
A: Generally, yes you would need the written consent of the father to adopt even if the mother has full sole custody of the child. However, if the court were to find that the bio father had abandoned the child, within the meaning of the family code, that could serve as an exception to having to obtain the signature of the bio dad. I hope this is helpful.. Consult with a local family law attorney to assist you in the adoption process if there are facts supporting a court finding of abandonment. Good luck.
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