Can I legally adopt my step-daughter without her father's consent?

Full question:

I have a 12 yr-old step-daughter that I would like to adopt. I have been married to her mother since the child was 2. Her biological father does not see her on a regular basis but still pays the court ordered child support. Is it legal for me to adopt her and what process needs to be taken?

  • Category: Adoption
  • Date:
  • State: Mississippi

Answer:

Yes, you can legally adopt your step-daughter. However, her biological father's consent is typically required for the adoption to proceed. Since he is paying child support, it may be challenging to prove abandonment, which is a ground for terminating parental rights. The process involves a Termination of Parental Rights followed by the adoption.

It is advisable to consult an attorney to navigate this process. If the biological father consents to the termination of his parental rights, he will no longer be obligated to pay support, and the adoption can move forward.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

To put your 12-year-old up for adoption, you must first terminate your parental rights, which typically requires a court process. You will need to file a petition for termination and demonstrate that it is in the child's best interest. If the other biological parent is involved, their consent may also be necessary. Once parental rights are terminated, you can proceed with the adoption process. Consulting an attorney can help ensure you follow the correct legal steps.

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