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    Leilany Torres's Avatar
    Leilany Torres Posts: 1, Reputation: 1
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    #1

    Oct 7, 2009, 11:50 AM
    Adoption through marriage
    I am on the verge of being married and I wanted to know when I do get married and my husband decides to adopt my son, do I need my son's legal father's consent?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    Oct 7, 2009, 04:43 PM
    Yes.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Oct 7, 2009, 06:20 PM

    First, please pay more attention to posting guidelines. There is a Read First sticky at the top of the Children forum (where this was moved from) that directs questions of a legal nature to this forum.

    Also, had you browsed this forum you would have found many threads with a similar question.

    The answer is that a step parent adoption requires a relinquishment of rights on the part of the parent being replaced. If that parent refuses, its unlikely the adoption will be allowed. If that person cannot be contacted, you will need to show a good faith effort to find him to get his relinquishment. What a good faith effort consists of is defined by local law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 7, 2009, 06:38 PM

    Yes, the bio father has to agree and sign over his rights for the adoption.

    If the bio father has no contact, never sees the kids, and if you are enforcing child support, often the bio father is glad to sign over to get out of paying support
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