Q: Can my husband adopt my daughter without biological fathers consent
My daughters biological father has never been in her life, when I was pregnant my now husband was my boyfriend so he’s been with me since before she was born. Her birth certificate has no fathers name on it. Her biological father hasn’t even talked to me or asked about her since I was a month pregnant she is 3 years old now And I do not know where he lives now or how to get in contact
A: The answer to your question is NO. Your bf/now husband and you however, are in the position now of replacing the birth father BY ADOPTION with your new husband. But you are going to need to file two petitions:
1. Petition for Termination. This petition says, the bio father has not acted as a "father" of the child since birth, hasn't paid CS in ? months and has moved away and you have no way of contacting him and desire that his parental rights (and responsibilities) to your daughter be TERMINATED.
2. Petition for Adoption. This petition says, you have now married a man who wants both the "rights" and "responsibilities" of being a father and is willing to "step into the shoes" of the bio father and ADOPT this child as though she were born to him.
See, Idaho will welcome a man who is willing to "step into the shoes" of the bio father and pay CS for the child, should you ever divorce him too. That way, no tax payer will ever need to worry about his her her taxes being raised to pay for your daugher's upkeep until she is 18. Good Luck!
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.