His rights in the state of PA? My sister just had her ex-husband delinquish all his partental rights and is in the process of having her current husband adopt her daughter because the lawyer is saying that there has to be someone to take his place. I called her lawyer to ask if a aunt or grandmother can take the father's place because the marriage my sister is currently in doesn't seem like it is going to last. Her lawyer was very rude to me and said no. We live in PA. Does anyone know if this all it true?"

Yes, it's true.

In order for RELINQUISHMENT to happen, there must be a parent to adopt the child. Generally, most states require that the parent be MARRIED to the other biological parent, or BOTH parents must relinquish for another family to adopt.

You don't just get to fill in the place of "father" on the birth certificate with some random family member. A child is not a dog, and this is a LEGAL document---a birth certificate.

So... Either her current husband adopts, or the ex-husband can't relinquish.

Thanks for the info.