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Stepparent Adoption

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T

TomL

Guest
My wife had a child out of wedlock nine years ago. The father abandoned them eight years ago and hasn't seen them since. After seeing the legal notice in the paper for adoption, the father is contesting it. Can I still adopt the child without his consent? Do I have to petition the courts to terminate his parental rights? Or is the father's rights been forfeited by his actions?
We live in Massachusetts. I would appreciate any help you might have.
Thanks!
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

To get specific Mass. laws, follow these instructions:
1. Go to the freeadvice.com homepage and go to state statutes. Click on massachusetts and then click on search general laws by chapter. type in 210 and then click on the link that says table of contents and READ!

Geenrally speaking:
This is from the family law adoption section at the freeadvice.com home page:


WHAT IS STEP-PARENT ADOPTION?
When a parent remarries after the death of a former spouse or after a divorce, the new spouse may desire to formally adopt the child or children of their current spouse. A step-parent may choose to formally adopt a spouse's child from a prior relationship, but the natural parent must receive notice of the adoption proceeding. The natural parent must consent to the adoption or else must be determined "unfit" before a step-parent adoption will be finalized. A similar protocol applies when a child is born outside marriage, the birth parent later remarries, and the stepparent wants to adopt the child.


WHAT IS "EQUITABLE ADOPTION" OR "ADOPTION BY ESTOPPEL?"
"Equitable adoption" (also called "putative" or "constuctive" adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if s/he had formally adopted the child.



"Adoption by Estoppel" happens when a parent tries to deny equitable adoption. If a parent has taken a child into his/her home, and acted as the parent of that child for a number of years, even without a formal adoption procedure, that parent is prevented from then denying parentage by "adoption by estoppel". Because the child was not legally adopted, s/he cannot seek action in court; however, adoption by estoppel is a remedy that is available to the child, to claim adoption by the parent.

The legal doctrines of equitable adoption and adoption by estoppel typically arise when a person who took care of a minor child for many years dies. The decedent (person who has died) may have died without a Will and the child presents a claim to all or part of the estate based on one of these doctrines. If the decedent died with a Will and the child was not mentioned in the Will, the child may still present a claim for a portion of the parent's estate on the basis of being an omitted or pretermitted child.


WHAT HAPPENS IN THE CASE OF A MISSING PARENT OR AN ABANDONMENT?
This depends on the law in the state where you are seeking adoption. States usually have statutes permitting adoption without the consent of a missing parent but only after diligent efforts are made to find the parent. This usually requires the assistance of a lawyer to prevent an adoption from being later upset should the missing parent reappear.

Abandonment by the missing parent and failure to support or communicate with the child generally gives you grounds to adopt on proper notice to the parent(s) who abandoned the child. Assistance from an attorney experienced in adoption is strongly advised.

 

LegalBeagle

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TomL:
My wife had a child out of wedlock nine years ago. The father abandoned them eight years ago and hasn't seen them since. After seeing the legal notice in the paper for adoption, the father is contesting it. Can I still adopt the child without his consent? Do I have to petition the courts to terminate his parental rights? Or is the father's rights been forfeited by his actions?
We live in Massachusetts. I would appreciate any help you might have.
Thanks!
<HR></BLOCKQUOTE>

You need to petition the courts who in this case, would probably force the adoption if the new father is 'ok'. It is unlikely that after 8 years he can contest and give a good enough reason why he was neglect and why he should remain as the father.

If you have contact with the ex, inform him that he owes 8 years child support.


 

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