bio father willing to relinquish rights

[sarakay]

What is the name of your state?oregon
i have a 4 year old son, who has been raised by my current husband for the past 3 years. the bio father has no involvement in my sons life and i have recently contacted him and asked to him to relinquish his rights. He of course agreed which i am greatful for. my husband now wants to adopt him do i need to have the bio fathers rights relinquished legally or is there a form that can be filled out by the two of us?

[Happy Trails]

Originally Posted by sarakay

What is the name of your state?oregon
i have a 4 year old son, who has been raised by my current husband for the past 3 years. the bio father has no involvement in my sons life and i have recently contacted him and asked to him to relinquish his rights. He of course agreed which i am greatful for. my husband now wants to adopt him do i need to have the bio fathers rights relinquished legally or is there a form that can be filled out by the two of us?

A stepparent may adopt a minor child with the consent of the child's birth parents. In most cases, a petition for adoption is filed jointly by the stepparent and stepparent's spouse, who is the birth mother or birth father of the child. If the consent of the other parent can be obtained, the adoption process is relatively swift and inexpensive. However, if the other parent objects, it will be necessary to show that he or she has neglected or abandoned the child for a period of one year or more. In some cases, the dispute is resolved by entering into an open adoption. In an open stepparent adoption, the stepparent assumes the role of the child's birth parent. The former birth parent retains a relationship, sometimes involving contact or access to records, which is spelled out by a legally enforceable agreement.

Above info. found at:

[url]http://www.divorcesource.com/OR/ARTICLES/kramer13.html[/url]

[danotoriouseyes]

I don't know if this is true in your state, but in MD, I have found some information on adoption. In MD adoption laws, it says that a step parent may adopt a step child if they have had physical care and control of the child for at least six months and the court finds:
-it is in the childs best interest to terminate the parental relationship
-the child has not been in the parents custody for at least one year
-the child has developed ties with the people who have custody
-the natural parent has not made contact with the child, has failed to contriubte to the childs care and support.
Relatives and Step parents may adopt without parental consent if these conditions are met.
You may want to look online for you states adoption laws!
Good luck, I know how you feel, I am in the same boat!
My son's father has never been in his life and my husband has always supported us!