- 5 years ago
- Wedding: April 2013
I have been researching the process to have my husband adopt my six year old daughter. He has been her father figure for the last 2 1/2 years & she started calling him ‘dad’ about six months ago (completely on her own, I did not try to push this on to her). We have discussed the topic of adoption with her throughout the wedding planning process and she is very excited for this to be happening. She surprised us last month when we went to her open house night & found that she has been signing all of her school work with my husband’s last name (again, completely on her own).
Her bio dad is not a part of her life. He is not a good person – a drug addict & has been in and out of jail for as long as I can remember. He was not present at her birth & therefore is not on the birth certificate. There is no legal record that ties him to her – I never filed for support, paternity, etc. She was 2 years old the last time he saw her and he has not made any attempt since that time. My question is do I still need his consent for the adoption to take place? I’d rather not have to go looking for him, I am pretty happy with the fact that he has left us alone. Also, I could see him dangling this over my head just to stick it to me. From what I have read, California law states that parental rights can be terminated if there hasn’t been support or visitation in the last year. Since he is not listed on the birth certificate, do I even have to worry about filing to have his rights terminated?
I’d love input from any bees in the legal field or that have gone through a similar situation. I’m really trying to do this without hiring a lawyer since the fees just for the adoption are going to be around $1000.