Legal Question in Family Law in Washington

The biological father of my daughter never helped or supported my daughter - who is now almost 14 - in any way. I had made a few attempts to involve him when she was a baby, but without much luck. Due to his instability and drug-use, I decided that no further contact with him would be in the best interests of my daughter. I have since remarried and my husband has been raising my daughter as though she were his own for the last ten years. Now the biological father is trying to assert his "rights" as the father. My husband wants to adopt my daughter, but we are worried that the biological father will make this difficult - which is confusing since he had made it clear that he didn't want her and, in fact, tried to pressure me into having an abortion. Is it possible (in the state of Washington) to do a step-parent adoption without the consent of the biological father, especially considering how much time has gone by? Also, can my daughter, at her age, somehow decide to legally sever all ties with her biological father? He's never paid a dime of child support (which I never pursued legally), bought any clothes for her, or supported her in any way shape or form. We would just like to have him out of our lives once and for all and move on.


Asked on 4/09/11, 11:31 am

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

You can only do a step parent adoption (or any other adoption for that matter) where both biological parents agree to terminate their parental rights, or where the court terminates those rights after a trial and consideration of the facts presented at trial.

From what you've written, it appears the biological father has been totally uninvolved and may not have seen his daughter at all despite your efforts, and that another man has been raising her as his own for at least ten years. I think that allows you to make out a case to terminate parental rights and to ultimately succeed in a petition for a step parent adoption adoption.

Unfortunately, you will have to go through a trial to get it done if the biological father refuses to cooperate. I can help you in this situation if you like, and will at least offer a free half hour consultation to flesh out your case a little more and go through all the steps necessary for the adoption and give you an estimate of time and costs involved. My phone is 206-223-9510.

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Answered on 4/10/11, 6:12 pm


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