[jasmine198]

Can I file to have my daughter bio fathers rights terminated. He has not seen her since she was 3 she is now 7. We were never married. He was ordered to pay child support in 2010 but has not paid anything since may of 2012. He has only paid $230.00 since he was ordered to. I am now getting married and my fiancé wants to adopt my daughter. I live in California and again would like my fiancé to adopt my daughter and we want to change her last name. Is this all possible if I have no idea how to contact him and child support services will not confirm any address I have for him? Can this be done without serving him? Or can someone point me in the right direction please.

[ScottGem]

No you cannot file to get his rights terminated. However, that does not stop your new husband from petitioning to adopt. In many areas, you will have to be married for a year before he can petition for adoption. So when he qualifies, he has his attorney file the adoption petition. And no this cannot be done without at least trying to serve him. You will have to show the court that you tried to serve him notice of the adoption. Even, if he refuses to agree, you may still get the court to approve the adoption on the grounds of his non involvement.

But you will not get a TPR unless its part of the adoption process so don't waste your time. Wait and do it as part of the package.

[Fr_Chuck]

If child support services knows how to contact him, that can be gotten with a court order. You will have to file for the adoption, permission to terminate fathers rights will be included within the adoption and only take effect once adoption is final.

It is much easier and much much cheaper if he father can be found and if he signs.

Normally you will need to be married for a year prior to the adoption