Q: Can stepdad adopt child without biological father's consent in CA?
Can my stepdad adopt my child without the biological father's consent or knowledge, given that the biological father is in contact with and supports the child, but does not have any legal parental rights? The biological father does not want the stepdad to adopt the child.
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A:
In California, a stepdad cannot adopt a child without the biological father’s consent if the father is involved in the child’s life and provides support. Even if he does not have legal parental rights, he still has a say in the adoption process. The court typically requires either the father’s consent or a valid legal reason to terminate his parental rights.
If the biological father refuses to consent, the only way for the adoption to move forward is if his parental rights are terminated. This can happen if the court finds that he has abandoned the child, is unfit, or has not fulfilled his responsibilities as a parent. However, since you mentioned that he maintains contact and supports the child, it would be difficult to argue that his rights should be taken away.
The best step is to consult a family law attorney who can guide you through the legal options. The process for terminating parental rights is complex, and the court takes these matters seriously. If the father does not consent, the adoption is unlikely to happen unless the court determines it is in the child’s best interest.
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