Laura Kalish Adoptions Law Blog on Lawyers.com

Just for the sake of example, assume that the child is living with her mother and stepfather and the stepfather now wants to adopt the child.

Here are some considerations:

Where is the child’s biological father?

Will he consent to this adoption?

How involved has he been in her life?

When was the last time he visited her?

Is he paying child support?

What kind of life is he living now?

How long have Mom and Stepdad been married?

How is this adoption good for the child?

- Has the child (or parent) received any governmental benefits on the child’s behalf?

- Is there any back child support due?

The couple should be aware that the law contains safeguards that must be followed to assure that the adoption is the best thing for the child and that the biological parent’s rights are taken into account as well. If a state or governmental agency has paid benefits on behalf of the child, then that agency may need to receive notice of the suit, or become a party to the suit.

The law that governs adoptions varies state by state.

If the biological father’s whereabouts are known, and he will consent to the adoption, then it will be a much simpler matter. If his whereabouts are unknown, or if he will contest the adoption, then the case will take more time to complete. If biological dad cannot be located, there are specific legal procedures that must be followed to give him notice that a suit for adoption has been filed and an attorney can be appointed by the Judge to represent the absent father.

If the mom and stepdad choose to proceed with an "involuntary termination" (a court action asking the judge to terminate the father’s rights without his knowledge or without his consent) there are very specific legal steps that must be followed. Evidence must be provided to show that his rights should be terminated. Some reasons could include; long-term abandonment or lack of support; prior abuse or endangerment of this child; conviction of crimes involving any child; and dangerous habits, addictions, or behaviors that would affect his ability to parent. Again, the specifics vary by state.

An attorney who practices in the area of adoption law can advise parents and stepparents with recommendations specific to their case and help them make the best possible plan for a happy child and happy family!