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StepFather adoption ?

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danotoriouseyes

Junior Member
What is the name of your state? Maryland

My son will be 3 by the end of Jan. and my husband has been in his life since he was 2 months old. My son's father has not been named on the birth certificate and has never had any contact at all with us. I have never received support from him. As a matter of fact, on everything involving my son, I have never put down a name for his father. If my husband wishes to adopt my son, do we have to establish paternity first? I guess my whole situation is that my sons father was never named and I have never given anyone his information. Does this mean I have to look for him now? The last time I even spoke to him was when I first told him I was pregnant back in 2001. Any ideas?
 


nextwife

Senior Member
http://www.adoptionsolutions.com/general/state laws/md_law.htm

Maryland Adoption Statute Summary

Maryland Codes Annotated Family Law Sections 5-301 to 5-330 and 5-4A-01 to 5-4A-07 (1998)

Who Can Adopt?
Any single adult, a husband and wife jointly, a stepparent, and a spouse that is divorced or separated may adopt a child. A court shall not deny an adoption solely because the petitioner is single.

Who Can Be Adopted?
Any person may be adopted.

Consent to Adoption
The following people must consent to the adoption:

1. natural mother;
2. natural father (the natural father is considered the man who was married to the mother at the time of conception or birth, is named on the birth certificate, is identified by the mother, has been adjudicated the father by the court, or has acknowledged himself to be the father and the natural mother agrees. If a man claims to be the father but he does not meet the criteria, a hearing will be held on the issue of paternity.);
3. the adoptee, if 10 years of age or older; and
4. the child-placing agency, if the child is in its custody.
Consent is not required by the natural parent in the following circumstances:
1. the child is abandoned;
2. the natural parents' rights have been terminated;
3. the child has been ruled to be abused, neglected, in need of services, or a dependent child;
4. the court finds that the adoption is in the best interest of the child, and
the child has not been in the parent's custody for at least 1 year,

the conditions that led to this separation from the parent still exist,

there is little likelihood that those conditions will be remedied, and

the continuation of the parent-child relationship would reduce the child's chances of early integration into a stable and permanent family; or
5. a stepparent, relative, or other individual has had physical care and control of the child for at least six months and the court finds

it is in the child's best interest to terminate the parental relationship,

the child has not been in the parent's custody for at least 1 year,

the child has developed ties with the people who have custody, or

the natural parent has not maintained contact with the child, has failed to contribute to the child's care and support, or has been convicted of child abuse.
6. if the parent(s), after being notified of the pending adoption, does not file a notice of objection within a given period of time (the law outlines the "good faith effort" that must be made to notify).
Consent may be revoked within 30 days after it is filed, or any time before a final decree of adoption is entered, whichever occurs first.
 

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