If child-support is failed to be paid, can the child be adopted by a new parent, have the birth certificate changed to state the name of the adoptive parent, and the child's last name be changed to the adoptive parent's name, without the birth father signing over his rights? say the birth father is not paying child support (because he is incarcerated). once he acquires a job, if he still fails to pay support, could his child be adopted by another man, without him singing away his rights as a father?
2007-08-03 12:26:19 · 3 answers · asked by xdear_charlottex 1 in Politics & Government ➔ Law & Ethics
In order for the adoption to happen, the biological fathers parental rights must be terminated. It is POSSIBLE for the court to terminate rights without his consent, but not easy. It may not be technically legal, but there is a practical method of convincing a 'deadbeat dad' to allow an adoption. If he does not cooperate, the mother has option except to AGGRESSIVELY pursue enforcement of the child support order. If he allows the adoption, she has no incentive to do so. This could be considered blackmail, and thus illegal, but the court may chose not to notice in the best interest of the child.
2007-08-03 14:41:09 · answer #1 · answered by STEVEN F 7 · 0⤊ 0⤋
No , here too. My son adopted a girl and now he pays child support (illinois law). She is just as much to him as blood, so must support her till she is 18 or 24 if she is in college. He has all the rights that go with it. He can only give up the right.
2007-08-03 19:38:55 · answer #2 · answered by reneem1954_2000 6 · 0⤊ 0⤋
Nope the father will always have rights unless you cna get him to give them up
2007-08-03 19:33:02 · answer #3 · answered by Stephen P 4 · 0⤊ 0⤋