Legal Question in Family Law in Illinois
parental rights
My sons biological father established parentage without any d.n.a and I wasnt married to this man, he withdrew from his petition when he was 2 my son is now 7 and my husband wants to adopt him. Do we need consent from the biological father even tho he has nothing to do with my son for 7 years. And also is social security that my son recieves every month from his biological father's check (who the biological father has bi-polar) and is why he is collecting it for mental illness (failure to be able to work) considered child support?
1 Answer from Attorneys
Re: parental rights
Yes, you MUST give the biological father notice. Otherwise, he could go into court at a later date and have the adoption reversed. The check your son gets from social security is dependents pay. It may or may not be affected by the adoption.