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How Can My New Husband Adopt My Child if the Father Won't Consent?

How Can My New Husband Adopt My Child if the Father Won't Consent?

Q: Can a biological father lose parental rights if he does not pay child support?

Failure to pay child support alone does not automatically result in the loss of parental rights. In Illinois, a parent may be deemed unfit for other reasons, such as lack of involvement in the child's life. However, the termination of rights typically ends future support obligations but does not erase past due support.

Q: How can a step-parent adopt a child if the biological father refuses to give up his rights?

In Illinois, a step-parent can adopt a child without the biological father's consent if the court finds him unfit. This may occur if he has shown a lack of interest or responsibility for the child. The adoption process involves legal proceedings to establish unfitness and terminate parental rights.

Q: What does it mean to be deemed an unfit parent?

Being deemed an unfit parent means that a court has determined a parent is unable or unwilling to provide proper care for their child. In Illinois, factors such as lack of involvement or support can contribute to this finding, leading to potential termination of parental rights and allowing for adoption without consent.

Full question:

This question is for my daughter Sarah. When she was in college she had a little girl, my grandaughter Izabelle. Sarah has since married and has additonal children, her husband would like to adopt Izabelle, however when Sarah contacted him he refused to give up his rights? His name is name is on her birth cert, but he had no legal rights. At first the court had set an amt for him to pay which he did from time to time. He moved out of state without contacting Sarah, he came home for Christmas when Izabelle was 3 she is now almost 8 he has not seen her since she was three, which was a brief visit. All of the legal business is in the state of Il. My question is does he have any rights? He does not seem interested in seeing her or knowing her, Sarah has not even told Izabelle about her bio father. She just thinks Sarah's husband is her daddy.

Category: Adoption
Date: 04/07/2025
State: Minnesota

Answer:

Yes, a parent has parental rights until they are relinquished or terminated, despite non-payment of support, lack of visitation, etc. In Illinois, an unfit parent is defined, among other terms, as one who abandons a child by “Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare.” A finding of unfitness may lead to termination of parental rights.
Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments.

Please see the following IL statutes, which explain that consent from an unfit parent is not required for adoption.

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapAct=750%26nbsp%3BILCS%26nbsp%3B50%2F&ChapterID=59&ChapterName=FAMILIES&ActName=Adoption+Act%2E

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

What happens to parental rights if a parent moves out of state?

Moving out of state does not automatically terminate a parent's rights. A parent retains their rights unless they are legally relinquished or terminated by a court. In Illinois, if a parent shows a lack of interest in their child's welfare, this could lead to a finding of unfitness, which may allow for the termination of parental rights. However, this process requires legal proceedings.