The process for adoption can be complex due to the various rules and regulations in place to protect the child. having an attorney is essential.
The first step in the process is to terminate the parental rights of the birth father. This requires the filing of a petition and a demonstration that the birth father has abandoned his responsibilities. There is a particular statute which sets out the specific requirements for demonstrating this.
In addition, you must file for adoption. Because you are the natural mother and married to the adoptive father, many of the rules that would apply to a non-parent adoption do not apply.
Hannah Suhr, Esquire of my office can assist you. To schedule a consultation with Hannah, please call the number below.
F. Dean Morgan, Esquire
You should contact an attorney. You must obtain the natural parent's consent to terminate parental rights, and petition the court for adoption by your current husband. If you are unable to locate the birth father there are additional steps to be taken to have the court involuntarily terminate parental rights so your current husband can adopt. This can be a complex process, so you should have an attorney to assist and guide you through the legal procedures. Good luck.
First off, you will want an attorney to handle the matter. First, because you have no idea where the birth father is the Court will want you to exhaust every remedy available to find him. If you can't find him, the court will allow you to publish in a newspaper the hearing so that any person interested can attend and object. If you publish and follow the court's directives to give notice of the hearing and he still doesn't show, the court will find that he has involuntarily consented to the adoption. You can file simultaneously a involuntary termination of parental rights, so that at the hearing the court will strip him of his parental rights. At the same hearing, you have the petition to adopt. Since it is a step-parent adoption, it will be private and less complex versus having an agency do the adoption. However, you will want to find an attorney who is competent in adoption, such as myself, and knows the steps. Feel free to contact my office for a free half-hour consultation and we can discuss the case and what is involved. Best of luck!
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