Legal Question in Family Law in Minnesota
Adoption by a StepFather
I have been married for two years, and my daughter is 6 years old. Her biological father has not been in contact with her for 4 years.
My husband would like to adopt her, but we would rather not contact the biological father for consent. As he would fight the adoption, and want visitation rights. He has mental issues, and is a dangerous person.
Is there a way for my husband to adopt my daughter without contacting the biological father?
1 Answer from Attorneys
Re: Adoption by a StepFather
There is no way to ternminate parental rights or to allow for a Step Parent adoption without notifying the other parent. First, such matters are far less complicated and expensive with an agreement and courts require a discussion of settlement before any case can proceed. Second, the other parent must be served with court papers to proceed in an involuntary fashion.
Parenting is a fundamental right and those rights cannot be terminated without Due Process which requires notice of a proceeding and an opportunity to appear and be heard. Certainly, it would appear that you have a strong case to proceed with a termination of parental rights, but it would require a contested proceeding.
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