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I just had a quick question for anyone out there that might be able to help me. A little background info first....My husband wants to adopt my 3 year old daughter. He has been her "father" financially and emotionally since she was 3 months old and we recently married in October of 2004. Her BF has only seen her 2 times since Christmas of 2003 and only paid support from Sept 2004 until Feb. 2005 because they were garnished from his wages. He has since left the country. Before he left, he did say that he would consent to the adoption, but before we could get married and go through with the paperwork, he was gone. Now he has contacted me letting me know he is out of the country but will be back and wants to discuss the adoption.
My question is this. Do I need to file a termination of parental rights BEFORE I file the adoption? Or the other way around. What papers do I send to her BF to sign first, the adoption ones? And I also want to include a "contact after adoption order". Her BF is not a bad guy, he is just flaky and can't take care of her and she doesn't know him AT ALL. But being adopted myself, I know how it is to want to know who your Bio parents are and I want her to be able to know him in the future if she wants that. So which papers do I file first??? !!! Thank you anyone for your help.
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If the BF agrees to the adoption you just need a consent form signed by him saying he consents to terminating his own rights and consents to the adoption, you file that the same time you file your petition to adopt.
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Basically you go down, file your Adopt-200 form, in triplicate. Eventually a social worker will contact you and arrange a meeting. Then the BF is sent a consent form, if he signs it the rest of the process goes through with ease. If, at the time of receiving the consent form the BF deicides he does not want to consent, then you have to file for termination of parental rights. One thing you might want to be aware of is most courts prefer you to be married 1 year before adopting.
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Depending on the county, you do have to be married for some time. But it does not stop you from getting the consent early. You may indeed get his consent when he comes back. Just make sure it is signed in front of a person who is authorized to witness it. LIke a social worker a court clerk and I think there is one more. You also have the right for the contact after adoption. It does not really hold up in court but you sound like you would stick to it.
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