Step Parent Adoption

 

 

Are Step Parent Adoptions Easy?

The step-parent adoption process is much easier if both of the child¿s biological parents consent to the adoption.  However, a problem arises where one biological parent consents the adoption, but the other parent's consent cannot be obtained. Reasons for this include:

• One biological parent cannot be found or his whereabouts are unknown

• One biological parent refuses to consent to the adoption for personal reasons or out of spite

What If One Biological Parent Refuses To Consent To A Step-parent Adoption?

If one of the biological parents refuses to consent to the step-parent adoption, the other parent can bring a lawsuit in order to terminate his or her biological rights. One of the main grounds for such a lawsuit is "abandonment."

What Is Abandonment?

Abandonment is the deliberate action by a parent to leave his or her child behind or the refusal to assume parental responsibilities from the outset of the child’s life. The parent bringing the lawsuit has to show that the non-consenting biological parent has disregarded his parental duties toward the child and permanently intends to do so.

What Defenses Does The Non-Consenting Parent Have Against Abandonment?

Non-consenting parents may be able to raise claims in defense that:

• He or she maintained a satisfactory relationship with the child

• Adequate support was provided for the child

• Any surrender of custody of the child was temporary and in the best interests of the child

• His or her place of work or residence prevented visitation

• There was no intent to abandon the child

Do I Need A Lawyer To Help Me Prove Abandonment?

Because of the complexity of the adoption process, it may be wise to consult with a family lawyer.  Speaking with an experienced family law attorney will help you understand your rights and obligations. Additionally, you will have a greater chance of proving abandonment with an attorney's assistance.

 

 

Contact Us

If you have questions regarding Step Parent Adoption, please

contact Donaghy Lowy, LLC to schedule your free consultation.