[bellasmommy12]

My daughter's biological father has asked to voluntarily terminate his parental rights. How do we start that process? I was told in the state of Pennsylvania that even if he is willing to sign over his parental rights that someone must adopt her. Do I have to be married to the person willing to adopt her?

[AK lawyer]

In a word, yes.

Have you read this?

[ScottGem]

There is a myth that a parent can just sign over their rights. But its only a myth. Only a court can terminate parental rights and courts are very reluctant to do so. Generally, the only time they will do so is to clear the way for an adoption.

To allow an adoption, a court wants to see commitment. So they are unlikely to grant an adoption to a step parent that hasn't made a commitment to a partner. So its probably you will have to be married for a period for the adoption to be granted.

[bellasmommy12]

There is a myth that a parent can just sign over their rights. But its only a myth. Only a court can terminate parental rights and courts are very reluctant to do so. Generally, the only time they will do so is to clear the way for an adoption.

To allow an adoption, a court wants to see commitment. So they are unlikely to grant an adoption to a step parent that hasn't made a commitment to a partner. So its probably you will have to be married for a period of time for the adoption to be granted.

Thank you. It's not a step parent who wants to adopt her. Her uncle who has been a father figure in her life since she was born wants to adopt her. Will the state allow that?

[ScottGem]

I very much doubt it. Parents are people who the child lives with. Now, if her aunt and uncle want to adopt her as a couple, that might fly, but then you would also lose rights to her.

What do you and the father hope to gain by terminating his rights? I suspect he's looking to get out of paying child support and the court will never grant a TPR for that. As for you, unless he's acting as a father, taking her for periods, etc. then you gain nothing.