Legal Question in Family Law in Arizona

adoption of biological child by mother's new husband

What are the legal questions I need to address in the following: I am the father of my 2 year old daughter whose mother has now married and as a couple she and her new husband have asked to adopt my daughter and give her the new married name. The mother and I have been on good terms all along and I am paying child support willingly. The mother says nothing will change as I have my daughter 2 days a week - we live in the same area of Phoenix, AZ. I can see advantages for my daughter to have the same name as her mother and step-father, but what else should I be concerned about pertaining to the adoption request by them? Thanks for your advice.


Asked on 4/04/08, 2:28 pm

1 Answer from Attorneys
Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: adoption of biological child by mother's new husband

Thank you for your inquiry.

Your daughter's name can be changed with your consent through a process that is completely different (and easier/cheaper) than adoption.

If the mother's husband adopts the child, that will do more than change her last name; it would legally terminate your parental rights. Her child support would cease and your right to see the child would cease (unless there is a separate visitation agreement that she actually honors). Adoption is permanent. The only way it could proceed is with your consent; if you do not agree to the adoption, she could not succeed in an action to terminate your parental rights because you have not legally abandoned your child.

This issue might be easier to discuss face-to-face; please contact me to schedule a free consultation if you would like to discuss further.

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Answered on 4/04/08, 3:00 pm


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