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gmc0310 · May 31, 2011, 05:52 PM

My fiancée and I have been together 6 years now and he has taken full responsibility of my daughter since she was 23 months old and would like to legally adopt her and give her his last name. Her biological father is on the birth certificate, but he is currently incarcerated for criminal charges and he gets out next year. He has never done anything for my daughter and I don't want him to either. I know that he will try to fight it if I contact him regarding this matter to make my life miserable. What can we do without having to get his consent or getting in contact with him?

ScottGem · May 31, 2011, 06:03 PM

First, ANY question on law needs to include your general locale as laws vary by area. Second, in most areas you need to be married before you apply for adoption.

You MAY be able to get the father's rights terminated because of his criminal record without his consent, but you will have to deal with him to complete the adoption.

AK lawyer · May 31, 2011, 07:29 PM

Originally Posted by gmc0310

... What can we do without having to get his consent or getting in contact with him?

If you marry your fiancé he then can petiton to adopt the child. As ScottGem said, depending on your jurisdiction the consent of the bio-father might be dispensed with. But you still will have to give him notice.

Fr_Chuck · May 31, 2011, 07:43 PM

Most areas will want him to be your husband and many be the husband for at least one year. But that varies by area.

Next the bio father will have to be notified, you may as noted try and take his rights away because of his criminal history, but he has the right to fight that.

Any adoption he will have to be notified and either sign his rights away, or have the right to fight that.