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I have read everything that everyone one has written, and congrats on all the success stories!! I have a bit of a different situation, and not quite sure where to turn. I have consulted with local lawyers, regarding this matter, and there really is no diffinitive answer so I am going to lay it all out for you. I have a son, a three yr old, whom has known my husband now for more than half of his life. The bio "father" has not been a stable reliance in his life, and has not seen him in about 2 yrs. My wonderful husband and I have fulfilled the Utah req for step-parent adoption, being one yr and are now ready to complete our happy family. Here is the kicker, there is no father listed on the birth certificate, and no evidence of paternity has been established: ie: child support, blood tests. Though I tried filing for child support a long time ago, he never showed up to establish paternity. I do not have to file for termination of parental rights, because no paternity has been established, and this concept seems to have lawyers baffled. If someone can help with this, or has any information regarding this matter, please let me know, I would be most grateful. I have done plenty of research, but most of the info I find has to do with fighting the bio dad for adoption. Thanks Megan
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lostmother: It sounds like you need to find an attorney who's done a few step-parent adoptions. I would say that the first question you need to ask is how many they've done. If they haven't done at last 5-10 - say "thanks anyway" and hang up. I just adopted my step kids about a year ago and we never heard from their bio-dad at all. We did everything that the law provides for and it went through. Since he's not on the birth certificate and has never established paternity then it should be easy. There's a registry in Utah for un-wed fathers and a check through that is necessary, but that should be all. The adoption laws spell it out pretty clearly. The code is available at: [URL]http://www.le.state.ut.us/~code/TITLE78/78_29.htm[/URL] The code specific to consent is at: [URL] [url]http://www.le.state.ut.us/~code/TITLE78/htm/78_29013.htm[/url] [/URL] As for the sources for adoption paperwork and such: [url]http://www.law2.byu.edu/law_library...des/guide5.html.[/url] This was the starting point for me in doing the paperwork myself Specifically, the Domestic Relations Manual which is in the reserve section at the BYU law library is a great reference. Specific to step parent adoptions, there is an article from the Utah Law Review from March of 1994. It starts on page 16 and Jeannine P. Timothy is the author. Good luck with your quest. Having no father on the birth certificate and having him not show up to the paternity hearing is good. You just need to be sure that you've followed the law and the judge will sign the Adoption Order. Keep looking for an attorney that has handled stepparent adoptions. They're out there, but there are some who've never even done an adoption. Tim
Actually, you still do have to file for the termination of the birth father's rights. The child exists, therefore there is a father, and therefore there are rights to be terminated. If you had no idea who the birth father was, you'd be filing for the termination of the "unknown birth father". It would be just publicizing in a paper for a few days, checking a putative father registry or something like that. Because you know who the birth father is, he'll have to be notified and given a chance to object. Chances are he won't object, because you can make it clear that objecting means you'll reinstate your demand for child support. So he'll likely refuse a blood test again, and he can be terminated under the title of "presumed father". Then you can publish or check the registry to prove there isn't anyone else, have "all possible fathers" terminated, and be on with the adoption. But bottom line is: There IS a father, and his rights HAVE to be terminated. If they're not, he can surface tomorrow, next year, or 10 years from now and have the adoption annulled because he still has rights. He has rights until they're terminated in a court of law. So get that over with (it's painless and not too expensive) so nothing can disrupt the step-father adopting. Good luck!
Well, actually, in Utah you don't have to terminate the Father's rights separately in a separate hearing. The father's right are terminated by the stepfather taking on those rights, but in Utah, if the bio-father consents, is notified and doesn't respond or is not on the list of those that need to be notified or give consent then all you need to do is file a petition for adoption and go from there. Tim
Thankyou all for your input. I have tracked down a state attorney that has dealt with this before. All we ( my husband and I) have to do, is A: get his criminal background B:get a paper from the dept of health stating that he is not a known sex offender C: through dept of vital records run a paternity (and without the name being on the birth certificate, he would have had to file some kind of legal action to get on it with my consent, which he hasn't) so no problems there, and D: fill out the tons and tons of paper work to file for the adoption. THe lawyer actually stated that this would be a very simple and fast process for us, and we would have to track down the bio father or contact him at all. Yeah!!! thanks all -Megan
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Does It Matter If My Husband Who I Want To Adopt My Kids Has Criminal Charges From 5 Yrs. Ago. It Was For Vehicle Burglary, He Completed Parole Sucessfully And Has Done Many Self Help Classes And Has Since Turned His Life Around. He Is A Full Time Worker, And Supports The Children With Me, And The Children Are Very Close To Him, They Even Call Him Daddy, But I'm Scared His Background Might Slow Us Down From The Adoption.