Legal Question in Family Law in Iowa

''dad'' wants to back out of step parent adoption

Three years ago my son's natural father terminated his parental rights in the state of Iowa for the purposes of step parent adoption by my then fiance. Two years ago we moved to Indiana. In March of 2002 we separated after my fiance was charged with domestic violence. Now he wants to revoke his parental rights to my son so as not to have to pay child support for him (he is already paying support for our daughter). My son has had no contact with his natural father and knows no one else as ''Dad''. Can he be made to honor his agreement to adopt my son?


Asked on 9/26/02, 4:27 pm

1 Answer from Attorneys

Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: ''dad'' wants to back out of step parent adoption

If the adoption has not been started or finalized, there does not appear to be a way to force it to happen in the state of Indiana.

As I cannot speak to Iowa's laws, I'm uncertain whether the natural father's parental duties and rights have actually been terminated if the adoption has not begun or finalized. You may wish to check this issue out with an Iowa attorney.

If you find that the natural father's parental duties and rights have not been terminated, then he may still be obligated to contribute to the financial support of the child.

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Answered on 9/27/02, 12:18 pm


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