Phoenix, AZ asked in Adoption for Idaho

Q: I have legal permanent gaurdianship of my son. He wants me to adopt him. what steps do i take

Can his biological parents stop it from happening

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Family Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Do I understand your question correctly? Did the bio parents lose custody? You refer to him as your "son?" Is he your legal or bio "son?" If we assume that he is your "legal son" and that you have "legal, permanent guardianship" of him and would like to adopt him, your question is can his biological parents "STOP" this from happening? The answer to that question is NO the biological parents cannot themselves stop you from trying to adopt this boy. However, a better question might be, can the biological parents of a child object to the child's adoption by a permanent guardian of that child? The answer to THAT question is "YES" the biological parents, unless their rights have been "terminated," ALWAYS have the authority to object to the child's adoption by a guardian. My guess is that the minute you file your adoption petition, the biological parents will file a Motion to Remove Guardian, alleging that they (bio parents) are fit and loving parents and that your guardianship should be revoked, placing the child back with bio parents. You understand too don't you, that these cases are ALL FACT SPECIFIC. That means that there is no clear answer for you. However, if you have been a better parent to this child during the time you've had him, than the bio parents were while they had him, a judge MIGHT decide that the child's "best interests" dictate that YOU be allowed to adopt this child. Of course, this wouldn't be a "closed adoption," and the bio parents will know exactly who is adopting their son and must be notified of the hearing to adopt him, because there will also have to be a hearing that they'll get notified of, to terminate their parental rights. This termination of parental rights is a procedural step predicate to your ability to adopt. This is on purpose, because the 14th Amendment to the United States Constitution gives bio parents the right to raise and love their children and if someone else is going to take that right away from them, they (natural parents) will typically fight this, but of course there are too many bio parents who are too wrapped up in their own addictions to care very much. This is the bio parents' worst "wake up" call and one which generates a LOT of animosity against the guardian. I hope you won't attempt to do this yourself? It's one of the most hotly contested hearings you'll ever see.

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