Boise, ID asked in Adoption and Family Law for Idaho

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

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

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!

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