Legal Question in Family Law in Virginia

Can my husband adopt my child if her biological father won't agree

My child is three. I was not married to her father. My husband has been with me since I was two months pregnant. The biological father has had little to no cotct with the child dispite mine and my husbands encouragement. The biological father has paid suppot since the child was 4 months old. There is no writen agreement or court order giving me sole custody. But thats the way it's been the child is 3 and my husband wants to adopt her.Although we have not ask resently the biologial father has said no in the past. What are our options? What are our chances of getting what we want?


Asked on 5/12/98, 9:55 pm

1 Answer from Attorneys
John Maus Law Office of John R. Maus

Step-Parent Adoption

This response to your posting is not considered to be the giving of legal advice or the establishment of an attorney-client relationship. Competent legal advice can only be given upon a fuller statement of facts than is contained in your posting and, in this Office, the attorney-client relationship is only established upon the execution of a written fee agreement. Virginia has a very specific law (Virginia Code Section 63.1-231) relating to step-parent adoption. As a general rule, parental consent to adoption is required by Virginia Code Section 63.1-225 regardless of whether the child's parents were married. However, the law allows the Court to grant the adoption petition over the objection of a natural parent if it finds that withholding parental consent is contrary to the best interests of the child.

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Answered on 6/03/98, 8:55 am


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