Bio Father did not sign birth certificate, has been absent for 1/12, no child support, no contact, the man I’m with now wants to adopt, can we terminate his rights? Does he have to be present/agree for that to happen?
If you are married to the current man you are with an adoption may be an option. It is a very detailed process and one that can't be fully explained in this format so you will need to meet with an adoption attorney to learn your options.
This communication does not create an attorney/client relationship and is not legal advice. ALWAYS conduct a detailed in-person consultation with an attorney before taking any legal action or making any decision that could impact in any way your legal matter.
It sounds like you may have a case for an adoption without the bio dad's consent. Speak to an adoption attorney. There are several other questions that will need to be answered, such as the bio dad's knowledge of the pregnancy/birth, whether the child is eligible for enrollment with an Indian Nation, whether your spouse is eligible as an adoptive parent, etc. Generally, an adoption without consent of a bio parent is allowed if he or she has failed to pay support, failed to maintain a substantial and positive relationship with the child for a specified time frame, and a few other reasons. You will be required to provided notice of the proceedings to the bio dad. If you and your attorney are unable to determine his location, the court may allow service upon him by publication.
Any information I provide is not, nor is it intended to be, legal advice. Our exchange of information via this website does not create an attorney-client relationship. Any information I provide is for informational purposes only. You should consult an attorney for advice regarding your individual situation.
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