Adoption of step child

[ladiedill58]

What is the name of your state? Ohio

My son is getting married and wants to adopt his fiance's daughter. The biological father has not seen her since she was 4 weeks old. She is now 2 1/2 years old. My son has been her "father" since she was 6 weeks old. The bio dad has been ordered to pay child support, which is only received around tax time. He, or his family, have not tried to contact anyone regarding visitation.

What does he have to do to start the adoption process? Is there a certain time frame they have to wait after they get married or can it be started right away?

[LdiJ]

Originally Posted by ladiedill58

What is the name of your state? Ohio

My son is getting married and wants to adopt his fiance's daughter. The biological father has not seen her since she was 4 weeks old. She is now 2 1/2 years old. My son has been her "father" since she was 6 weeks old. The bio dad has been ordered to pay child support, which is only received around tax time. He, or his family, have not tried to contact anyone regarding visitation.

What does he have to do to start the adoption process? Is there a certain time frame they have to wait after they get married or can it be started right away?

I normally don't got into this much detail...but here goes.

In order for a stepparent to adopt the biological parent's rights have to be terminated.

There are two methods for accomplishing that. Voluntary termination (the bio parent signs off....often in exchange for getting off the hook for child support) or involuntary termination (either due to abuse or abandonment)

I believe (and you would need to consult with an OH attorney to verify) that he and mom would have to be married for a full year...and that bio dad would have to go a full year without "contact"...in order for him to adopt and for the bio dad's rights to be terminated involuntarily.

Abandonment is normally defined as no contact of any kind...not even child support. The yearly seizure of bio dad's tax refund might be enough to preclude abandonment....might not.

It is in their best interests to get a consult with an attorney...and to plan to use an attorney for the eventual adoption. Its definitely not a DIY project.