My friends kids were adopted by her new husband and the biological father was "attempted to be contacted" but they had no address for him. I think he ended up in prison but the adoption was completed without his consent since he never had any contact with him. This is in Ohio I dont know if it's different for other states. I say its possible. Good Luck to you all!
2007-07-28 11:16:38
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answer #1
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answered by Anonymous
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Your daughter is in for a long haul. I'm doing the same thing right now. Anyways. Your daughter needs to get an attorney and file for abandonment. No contact from the biological for one year and that is right for abandonment. It is not an easy process it will take a while, but you can start filing now the new father won't be needed until the bio father signs over the child. All rights would just go straight to the mother. Then after that you can set up the adoption that process is a lot faster. Just remember to get all information on the bio father to give to the attorney, social sercurity number would be really helpful you can find that on one piece of paper from the hospital it is called a declaration of paternity that is if he signed one when the child was born. If you need any more help please feel free to contact me.
2007-07-29 18:18:50
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answer #2
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answered by smithpenguin 1
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Here is the thing.....The birthfather's rights have to be terminated first. Having no contact numbers or address is not uncommon. There will have to be a dliligent search done for him, and most people are very easy to find. I am sure your daughter has friends who knows where he lives or how to contact him. THIS is the first step to a safe and secure adoption. One where the birthfather is given information about his rights, and can make a decision about his rights. Then he does not show up five years from now and totally unravel a stable adoption. And he could! But, if he signs voluntarily, the adoption is safe! If he does not sign, but does not respond to a "good" serve, his rights can be terminated. By good serve, I mean the constables/sheriff have to know it is really him, and that he did recieve the papers in person.
Once/if his rights have been terminated, then an adoption can take place. But the termination may cost about $500-$2000, depending on where you live, how much attorney fees are in your area, the courts, etc. If you have to hire a private detective to do a diligent search for him, of course, then that is more.
If the rights get terminated, and your daughter's husband wants to adopt, then he can go ahead. But, realistically speaking, not romantically speaking, it is best to wait until they are married. Why put this child right back into what is legally a temporary situation? Let them get married, settle down, and let the marriage stabilize a little before this child is adopted. That is truly in his best interest, but sometimes people do not like to hear that. Adoption can cost $500-2000 as well, again depending onwhere you live.
Also, there is another gift the whole family can give this child. To never ever put his bio father down -- no matter what a schmuck you may think he is. Why? This boy will at some point, earlier than you think, begin to associate himself with this man. That is normal. He will begin on some level to take in what you are saying about his bio father as his own qualities or lack thereof. His self esteem may be tied to his bio father in more ways than you think. Be neutral, and factual, but gentle. "I'm sorry he does not visit. He's having a difficult time in his life." or, "Your birthfather isn't able to take care of a child right now. He wanted yo to have a stable life." Or "I'm sorry, but he just wasn't able to properly take care of a child. But you have us to always take care of you." This is the best thing you can do for this child.
Then when your daughter and her fiance are an established married couple, let this loving father adopt.
Good luck to you all!
2007-07-28 14:26:23
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answer #3
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answered by Still Me 5
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The birth father has to release parental rights. Just because he is not involved now doesn't mean a thing. Some men tune out because they are immature and catch on after a while. Some just can't stand the drama from the mother and stay away, but they actually want contact. Financial support, lack thereof, is not commonly used to remove parental rights except in some states.
No adoption proceedings can take place until they are married. You may have to hire a private investigator to find the birth father as many judges will not remove his rights without some word from him. Too many women have scammed judges in the past.
2007-07-28 11:49:30
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answer #4
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answered by CarbonDated 7
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Althought you don't know the whereabouts of the birth father, the proceedings can still be started. Your daughter and future son-in-law will be the ones responsible for filing the papers. A sincere effort needs to be made to contact the birth father. This could include contacting his parents for information. Do not tell them what your intentions are. Laws vary in different states. An attorney is the best person to advise you. Some provide the initial visit free of charge.
2007-07-28 10:11:22
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answer #5
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answered by Darke Angel 5
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You and them need to contact a lawyer to get things moving cause it will probably take several months to do this. First thing would be to try to track down the sperm donor using what ever info you have on him. I am not sure of the laws everywhere, but here after the effort to find sperm donor fails, the lawyer can place an ad in the legal section of the paper of last known city residence announcing your future son in laws intent to adopt and that sperm donor has to answer to lawyer by a certain date. If he is not heard from then a judge will dissolve sperm donors rights and son in law can adopt. I don't know the exact amount but it can run into thousands of dollars to to this. Also if your dd and sil divorce after this is done, he can be held responsible for child support or he can also sue for custody the same as if the child was his blood.
2007-07-28 11:48:45
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answer #6
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answered by SouthernRose 6
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Your intentions are great, but you will not be able to arrange the adoption - especially as a grandparent. This is up to your daughter and her new husband. They'll need to get the father to either waive his parental rights, or wait a few years until it is proven he cannot be tracked down. In addition, there are likely to be home visits and interviews, etc. Laws will vary based on state and county. Your daughter needs to contact her local social services to get the process going. It will most likely take some time. I wish your family the best!
2007-07-28 10:09:10
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answer #7
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answered by KP7689 4
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A step parent adoption can be done when both biological parents give consent to it or if the non-custodial parents rights are terminated. There are several ways to handle the termination of rights if in fact the non-custodial parent will not consent to the adoption and is truely not interested in a relationship with the child. Each state has it's own laws regarding this.
There is nothing you can do because legally, this has to be done by one of the child's parents - but you can surely do the research for your daughter and get her the right information to get the process started.
Here are a few resources for information on this subject :
http://www.adoptioninformation.com/Stepparent_adoption
and
http://library.adoption.com/laws-legal-issues/step-parent-adoptions/article/117/1.html
Good Luck!
2007-07-28 18:47:29
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answer #8
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answered by Anonymous
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*edit* I agree you won't be able to do this all by yourself. Your daughter is the one that needs to take control and push the paper work, lawyer, etc. You could always offer to pay for it. *edit*
Well everything will go much smoother if the bio father is okay with it. If not you still have a good chance since he doesn't provide any support, you will just have to take it to court and get a lawyer.
So first step would be to contact bio father and see what he says. If he is against giving up his fatherly rights than have your daughter demand child support that will more than likely change his mind.
2007-07-28 10:09:55
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answer #9
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answered by Nyx 3
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In the UK you need to contact the Local Social Services adoption team and ask about Step parent adoption they will give you all the information you need.
2007-07-28 13:45:12
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answer #10
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answered by BigMomma2 5
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