Legal Question in Family Law in Virginia
My husband wants to adopt my daughter.
My daughters father is not in her life. she is 11 months old and my husband wants to adopt her. How do we go about doing this? We have no idea where the father is.
2 Answers from Attorneys
Re: My husband wants to adopt my daughter.
The procedure to follow is for you and your husband to file a petition for stepparent adoption. If you really don't know where the father is, you will have to file an affidavit to that effect, and have an order of publication issued.
If the father does not show up to contest the adoption, the court will probably approve the adoption. If he does, the court will have to determine whether he consents, and if he does not, whether his consent is withheld contrary to the best interests of the child, the court can still approve the adoption.
Good luck
Re: My husband wants to adopt my daughter.
Your best approach would likely be to consult with an attorney who is knowledgeable and experienced regarding so-called step-parent adoptions. (The local bar association is your area can probably provide you with several names.)
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