Legal Question in Family Law in Pennsylvania
If my daughter wants my husband (her stepfather) to adopt her and her biological father will not sign off his rights...can we fight it? If not, can she change her last name without her biological fathers approval?
1 Answer from Attorneys
To be able to do a step-parent adoption, the biological parents right must be terminated. This can be done one of two ways: first it can be done voluntarily where the biological parent signs away his rights (which you note he is unwilling to do) or it can be done by filing a petition to involuntarily terminate the biological parents rights. There are a number of different things under the adoption act that would permit an involuntary termination. There are not enough facts here to determine whether or not you would qualify for an involuntary termination of his rights.
If you do want to proceed with an adoption, you will want to retain a lawyer. I would suggest contacting a lawyer to discuss the chances of getting an involuntary termination and subsequent step-parent adoption. Many firms, including mine, offer free phone consultations. Feel free to call me if you would like to discuss this further.
Justin C. Gearty Jr., Esquire
717-490-6325
Email: [email protected]
Website: www.GeartyLawOffices.com
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