Does Sarah's daughter's biological father have parental rights?

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:
  • State: Minnesota

Answer:

A parent retains parental rights until they are legally relinquished or terminated, regardless of support payments or visitation history. In Illinois, a parent may be deemed unfit if they show a lack of interest or responsibility for the child's welfare, which can lead to a finding of unfitness and potential termination of parental rights. This process may allow for adoption without the biological father's consent. However, termination of rights typically ends future child support obligations but does not erase past due support. For more details, you can refer to the Illinois Adoption Act. Users can search for state-specific legal templates at .

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

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.