I have a 2 yr old born 12/25/2009 her father has not paid child support in almost a yr and hasn't seen her since 12/25/2011.he does not call or try to see her at all. I want to know if my husband can adopt her with out her fathers concent.

No, they must terminate the bio's parental right's then your hubby can adopt your little girl ;-) it would be very easy to terminate his rights... tell him he won't owe child support anymore he, will sign. If that fails go to children services and file the Abandoned Child form, explaining he has been gone is not as good as having it in writing in case you ever need it for court. I hope this helps you and I hope you and your family are doing well

This is a sticky on the Family Law board --

Signing Over rights-** READ FIRST **

This is a very frequently asked question here. And frequently answered. The following is a summary of the facts and covers most jurisidctions.

1) A bio parent cannot be forced to relinquish their rights, it has to be voluntary.
A) The only exceptions to this are where the bio parent cannot be found after a good faith effort to contact them or in cases where the bio parent represents a danger to the child.

2) Most areas make it difficult for a bio parent to relinquish their parental rights. Usually its allowed only to clear the way for adoption of the child.

3) Relinquishment of rights refers only to the right to have a say in how a child is raised.

4) Relinquishment of parental rights may or may not affect parental responsibility depending on local laws. The parent can still be held responsible for child support or it will be even harder to get a Termination of Parental Rights. A TPR is NOT going to be granted just to let the parent off the hook for support.

5) The only thing that allows ending responsibility is if the child is adopted, in which case the adoptive parents assume that responsibility.

Those are the facts and apply to almost all circumstances in almost all areas. There are several threads here that discuss this issue in greater depth. I would suggest reading them before posting a question.

On a personal note, I do not recommend relinquishing rights unless its to clear the way for adoption. A child deserves to know his parents, not matter how bad the person may have been. People can change.

No, your husband cannot adopt without the bio-father's consent.