Not exact matches
For any adoption to be legal, the
birth parents must
consent to the adoption (unless parental rights have been legally terminated for some
other reason, such as unfitness).
Even after the
birth parents have given their
consent and the child has been placed in the adoptive home, many states allow
birth parents to revoke their
consent within a specified period of time — in
other words, to change their minds about the adoption.
If the
other birth parent refuses to
consent, the adoption will not be allowed unless that
parent's, or in the case of a relative adoption, both
parents rights are terminated for some
other reason — abandonment, unfitness, or failure to support the child, for example.
One primary issue is that it may be difficult to obtain the
other birth parent's
consent to the adoption or in the case of a relative adoption, both
parents need to
consent.
If the
other birth parent can not be found or if he or she refuses to
consent to the adoption, there is more paperwork to do and the adoptive
parents may need an attorney.
Prohibits a court from increasing contact between an adopted child and siblings,
birth parents, or
other relatives without the
consent of the adoptive
parents;
If the stepparent
consents to adopting his or her spouse's child, and if the
other birth parent has abandoned the child for a period of one year or more or the
other birth parent has failed without cause to provide reasonable support for such child for a period of one year or more, an adoption can occur in a relatively short amount of time — sometimes less than two months from service of the adoption petition.
Perhaps the most challenging part involved in a stepparent adoption is securing the
consent of the
other birth parent.
Should the
other birth parent deny
consent, then the adoption can not push through unless the parental rights of the
other parent are terminated for some valid reason, such as failure to support the child or abandonment.
In case of refusal by the
other birth parent to give
consent, or if the
other parent is nowhere to be found, there are still ways to carry on with the stepparent adoption.
You can still proceed with a stepparent adoption without the
other birth parent's
consent if you have enough evidence that shows that the absent
parent has abandoned the child or has not made any effort to contact the child or execute any parental rights.