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Can I terminate parental rights without having a step-parent to adopt my son?

When I was pregnant, I filed a Good Cause Claim to not name my son's father because of abuse I had sustained in the relatioinship. I have never recieved child support and my son's father has not been in my son's life. I hope to some day have my son adopted by whomever I marry. What do I need to do in order to in the future have my son adopted by the person I marry? Will they need to establish and terminate parental rights of the father before he can be adopted?

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Attorney answers (1)

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You should speak with an attorney concerning a petition for termination of parental rights. I do not know what legal impact the Good Cause claim might have on the father's parental rights - your attorney may know this or will be able to research it. In any case, the father's parental rights must be terminated in order for someone else to adopt your child now or in the future.

First, you don't have to have a stand-in parent to terminate parental rights.

There are two kinds of termination actions: voluntary and involuntary. The father can voluntarily petition the court to terminate his parental rights, after which he will have neither any right or responsibility with respect to the child.

You can petition the court for an involuntary termination of the father's parental rights. If the father knew of the child and failed to assume parental responsibility or has failed to visit for six months, that might be enough to establish grounds for the petition. This is a fact-intensive inquiry that depends upon the circumstances. During these proceedings, the father has the legal right to object to termination and to bring proof that termination is not legally merited. If the father has not been part of the child's life to date, this is not likely to be an issue though.

After the father's parental rights are terminated, the child can be adopted at some point in the future by your husband if you and he wish.

Please consult with a family practice attorney and have a great life!
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