Legal Question in Family Law in Virginia

adoption of step children without bio-mothers consent

i would like to adopt my husband's 3 boys-the biological mother is not willing to give consent, but she is unfit to raise them in the event of the death of my husband. She has been in and out of institutions for drug/alcohol abuse, bi-polar disorder, and depression- she has attempted suicide. is it possible to have her rights waived and proceed with the adoption without her consent?


Asked on 5/21/02, 11:08 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: adoption of step children without bio-mothers consent

You can proceed to file an adoption petition without the mother's consent but you most

certainly cannot "have her rights waived". After

all, this is not the Russian Republic but the United States, where certain due process and other rights are guaranteed under our Constitution---even to errant, and, perhaps, unfit mothers.

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Answered on 5/21/02, 11:31 am


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