Legal Question in Family Law in Minnesota
adoption of ex's child.
My current husband and I would like for him to adopt my son. My son is from a previous relationship but that ended before my son was born and the only time my son has ever seen the biological father was when he was born. This man did pay child support (not court ordered) for about 6 months and then we never heard from him again. My son is now four years old. What would we need to do to have my husband adopt my son? Some have said that, since the biological father has not done anything for over three years, it constitutes abandonment and we can move forward with the legal adoption without trying to find him. Is this accurate? My name is the only one on the birth certificate, if this is relevant.
2 Answers from Attorneys
Re: adoption of ex's child.
There are other facts that are necessary such as whether the father signed a Recognition of Parentage. Given the facts that you state it is possible to adopt but which procedure is necessary depends on all of the facts. Abandonment is one basis but that doesn't answer the question as to whether consent and/or notice will be required.
Re: adoption of ex's child.
If the other parent is adjudicated as the child's fatherr, you must file an action to terminate parental rights gbefore the adoption goes forward. the entire matter may be handled relatively simply if there is an agreement from the father. Given his lack of involvement, that would appear to be possible. Any termination of parental rights would also result in a termination of any child supoport obligation.
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