I have a good friend who asked me a step parent adoption question that I cannot answer, so I will ask here and see if anyone has an answer.
My friend has a 13 yr old daughter who was conceived from a violent, stanger rape. Obviously there is no father on the birth certificate and my friend has no idea who he was, or else he would be in prison.
My friend recently married a great guy who wants to adopt her daughter and her daughter wants to be adopted.
However, what do you do when there is no father to consent due to rape? Any ideas?
I2010-07-01T18:52:17Z
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Generally, if the father is unknown for any reason they will publish in the newspaper a little notice that in the case of such and such a minor child the father's rights will be terminated due to abandonment on such and such a date and this is his notice to come forward. The judge can easily terminate based on abandonment if he hasn't done anything for the child or had any contact for a certain period of time. In our state it is 15 months. Obviously he's not going to come forward. It won't stand in the way of the adoption.
Easy peazy. The father is unknown, and not listed in ANY critical records. You can't get consent from "unknown". Even if the father was known, if he's not in the child's life for a period of time, then he gives up any right to contest though legal abandonment. For example, if a father bails on the family, doesn't provide support, and it not in the child's life for more then 6 months (in my state) - it's abandonment, and he terminates his rights to contest in the eyes of the court. No consent required.
They only need to contact a family lawyer and do a step parent adoption. All said and done, it should run about $1000 and take a few months.
It may depend on your state. In some places if the father has no contact with child for like a year than he severs his rights. I would agree about asking a lawyer. Most would tell you for free if you just call them. You'll have to have one anyways they want your business.