Legal Question in Family Law in Washington

Step-father Adoption Rights

I would like to know what I need to do for the adoption of my daughter to her step-father? My daugther was born in WA. Her father left me when I was three months along. We were never married and his name was not put on her birth certificate. He has never seen her or paid child support. My daughter is 3 years old. Her step father has been there for her since she was four months old. She thinks he's her daddy. I have no idea where he is living at now. What do we need to do to have this completed before she starts school? Thanks for all your help.


Asked on 9/16/98, 9:56 am

2 Answers from Attorneys

Jes Beard Jes Beard, Attorney at Law

Re: Step-father Adoption Rights

Andrew Sargent's answer is an excellent example of the way the law may vary from state to state.

I don't know what state he is in or writing about, but here in Tennessee, the procedure is the same whether it is an adoption by a step parent or not.

In Tennessee there is no special procedure called a "step parent adoption."

In Tennessee you first need to terminate the rights of the parent and then the procedure moves on to the question of the adoption itself by the petitioners.

You will need a local attorney because if you try it yourself and make a mistake it can be a true nightmare later on.

The fact that the biological father is nowhere to be found does not change things. You STILL must go through the formal process of terminating his parental rights first.

Even if you have not idea where he is you can begin this through a process known as service by publication. Should be able to get everything done before the child starts school.

Jes Beard

Jes Beard, Attorney at Law

737 Market St., Suite 601


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Answered on 12/30/98, 12:47 pm
Andrew Sargent Law Office of Andrew H. Sargent

Re: Step-father Adoption Rights

You need to file for a step-parent adoption. There are state required forms for this which you can pick up at the court house. Step-parent adoption is simpliar then a normal adoption but I would advise you seek local counsel. The fact patnerity was not established and the father has had no contact or paid any child support should make the process easier.

Andrew Sargent

Law Office of Andrew H. Sargent

600 Winslow Way E., Suite 131


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Answered on 12/15/98, 2:21 pm


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