Legal Question in Family Law in Idaho
relinquishing parental rights in abandonment
My husband wishes to adopt my 7 year old son. My son's natural father has had no contact
in any form with my son for over 3 years. Does this automatically negate his parental rights or do we still need to get him to sign them off? His name is not on the birth certificate so there is no legal proof of paternity.
2 Answers from Attorneys
Re: relinquishing parental rights in abandonment
arental rights can't be terminated without due process. This means that the natural
father must be notified of the adoption and have an opportunity to object.
Re: relinquishing parental rights in abandonment
FLORIDA LAW - If a step parent wants to adopt they must have the consent from the birth mother and birth father. The step parent here has the consent from the birth mother since he is with you and you want this. Now the consent of the birth father is required. To do this you must serve him with the legal documents for adoption. He is given 20 days to respond. If he does not respond then a default can be entered. If you do not know where he is you will be required to do a Due Diligent Search and Inquiry and file Constructive Service. You should also put in your petition for adoption that consent should not be required because the birth father even though he knows where his kids are he has never contacted them, never supported them (If this is true). I strongly suggest that you retain an attorney to handle this for you. It can get very complicated and you will need to know the law in your state on this issue. My answer reflects Florida Law and is also a simplified version of what needs to be done for a step parent adoption.