Hayward, CA asked in Adoption and Family Law for California

Q: Mom has a little girl (without a father in her birth certificate) and is living with a men who wants to adopt the girl.

Mom hasn't seen the biological father since she was 4 months pregnant. The little girl is 3 years old.

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James L. Arrasmith
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Answered
  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if a mother has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, there are certain legal steps that must be taken to terminate the biological father's parental rights and proceed with the adoption.

Under California law, the biological father of a child who is not married to the child's mother has no legal rights or obligations with respect to the child unless he takes certain legal steps to establish paternity, such as filing a paternity action or signing a voluntary declaration of paternity. If the biological father has not taken these steps and has not had a significant relationship with the child, his rights may be terminated through a legal process known as "termination of parental rights."

Once the biological father's parental rights have been terminated, the man who wishes to adopt the little girl may petition the court for an adoption. The court will consider various factors, such as the best interests of the child and the suitability of the adopting parent, before making a decision on the adoption petition.

It is important to note that the legal process for terminating parental rights and completing an adoption can be complex and may require the assistance of an experienced attorney. If you are considering adopting a child in California or seeking to terminate a biological father's parental rights, it is important to consult with an attorney who is knowledgeable about the relevant laws and procedures.

In conclusion, if a mother in California has a little girl without a father listed on her birth certificate and is living with a man who wishes to adopt the girl, certain legal steps must be taken to terminate the biological father's parental rights and proceed with the adoption. An experienced attorney can help guide you through the legal process and ensure that your adoption is completed in accordance with California law.

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