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Can he still adopt?

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What is the name of your state? California

My daughter’s bio-father has been in and out of her life for 12 years. The last time he saw her was almost 4 years ago. He has a history of drug and alcohol abuse as well as physical abuse, and has been in jail multiple times for it. He doesn't pay any child support and the DA's office is unable to find him to collect it.

My husband would like to adopt her. We asked the bio-father 3 years ago if he would sign over parental rights. He said no and then made a $30 child support payment which made us enable to file it under abandonment. He then called and asked if he could have dinner with our daughter to explain (again) that he is off drugs and ready to be a dad. I told him that I would tell her what he was asking and he was going to call me back the next day. My daughter has never been alone with him and was uncomfortable with the idea. She doesn’t acknowledge him as her dad any longer and had no desire to listen to his “explanations” again. Needless to say, he never called back to see if she was even willing to listen.

Last October my husband was taken to a mental health facility for approx. 10 days on a 5150 and 5250 hold. He had overdosed on medication. Since then he has been determined unable to work and is on SSI. This is the result of a birth defect called Klinefelter Syndrome. He was born with an extra chromosome and this causes severe depression among other things. He is under the care of a psychologist and getting better. Very few people know about the mental health facility and of course we don't want this to be an obstacle to his adopting my daughter.

Does anyone have any insight as if we would have to disclose this information? I would like to know before we start the process and have it back fire on us.
 


stealth2

Under the Radar Member
I don't know for sure, but I suspect that this would have to be disclosed. If it's not, it could be used as a reason to overturn the adoption in the future.
 

stealth2

Under the Radar Member
I would imagine it could be. Your best bet would be to talk to a local attorney and get his/her take on it and how to best mitigate the circumstances.

In all honesty, and please don't take this the wrong way as I know he's your husband and you love him, but I would be very concerned in your shoes and not certain that I would be comfortable with an adoption going on any time soon. Sorry.
 

cookie57

Member
Most states require a physical examination for both the child to be adopted, and the parent adopting. The parent adopting must bring paper work from the courts to the doctors office. The paperwork is filled out by the doctor, then mailed to the courts. The physical consists of blood tests, and a full physical. Your doctor must have current medical history records. All of past and present medical history is disclosed to the courts and the parent adopting must consent to his/her records being disclosed.

This is what Ohio law is, your state may be different.
 

nextwife

Senior Member
http://www.adoptionsolutions.com/general/state%20laws/ca_law.htm

California Adoption Statute Summary

California General Laws Annotated Sections 8500 to 8700 and 9200 to 9206 (1998). See also Sections 8700 to 8720 for more information specific to agency adoptions; 8800 to 8823 for independent adoptions; 8900 to 8919 for intercountry adoptions; and 9000 to 9007 for stepparent adoptions.

Who Can Adopt?
Any adult can adopt, as long as they are at least10 years older than the adoptee. A court may waive the 10-year requirement if the adoption is by a stepparent or relative and if it is in the child's best interest.

If a spouse wants to adopt, the other spouse must give his/her consent, unless they are legally separated.

For the first ninety days after a child is freed for adoption and is being placed by an agency, the child may only be placed with a family of the same racial, ethnic, and cultural background. An exception to this rule may be made when the birth parents request it, when the child has an extraordinary physical or emotional need, or when such a policy would otherwise not be in the child's best interest. Religious background will also be considered.

Who Can Be Adopted?
Any child or adult can be adopted. This summary, however, applies to the adoption of unmarried minors.

Consent to Adoption
The following parties must consent to the adoption:
1. the mother;
2. the man who is presumed to be the father by marriage or attempted marriage to the mother at the time of birth or within 300 days prior to birth; or has been legitimated as the father by other specified means;
3. Department of Social Services or county adoption agency, where parental consent
is not necessary; and
4. an adoptee who is over 12 years of age.
No consent is required in the following circumstances:
1. one parent has been awarded custody and the other parent has not communicated with nor paid support and care of the child for 1 year, then the custodial parent alone may consent, as long as the noncustodial parent is given notice of the hearing;
2. when parental rights have been terminated or the parent has voluntarily given up his or her rights to the child;
3. when the parent has deserted the child; or
4. when the parent has given up the child for adoption by relinquishing rights to the Department or a licensed agency.
The court shall order that relevant persons and agencies make efforts to identify the alleged natural father. Any potential natural father who is identified must be given notice of the hearing. After the natural father, or more than one natural father, is notified, they must claim paternity within thirty days and appear at the hearing or their parental rights will be terminated. If the natural father does appear in court, the court will determine if he is in fact the father and then determine if it is in the child's best interest for the father to retain his parental rights. If so, the father's consent will be required. If not, the court will terminate the father's parental rights.

If after making efforts, the court is unable to identify the natural father, the court will enter an order terminating the unknown father's parental rights. (This information regarding alleged father's rights is found in Sections 7610 to 7670 of the California Civil Code).

Regarding independent adoptions, any required consents may be withdrawn, until 90 days have passed, at which time the consent becomes permanent. A parent's relinquishment to an adoption agency, filed with the Department, is final. It may only be rescinded upon mutual agreement of the relinquishing parents and adoption agency.

Confidentiality
All adoption proceedings shall be held in private. The records in the hearing are not open to inspection, except upon a court order.

The natural parent may at any time in the future request from a licensed adoption agency or the State Department of Social Services all known information about the status of the child's adoption, except for identifying information about the adoptive family. Prior to adoption, the medical background of the adoptee and the adoptee's natural family as well as additional information on the adoptee's scholastic, developmental, and family background shall be revealed to the prospective adoptive parents.

The natural parent may indicate in writing that his or her identity and address can be disclosed to the adoptee when the adoptee reaches 21 years of age. In addition, the natural parent of an adoptee who is 21 years of age may receive similar identifying information about the adoptee, if the adopteeconsents to its release. The Department of Social Services may arrange contact between the adult adoptee and the natural parent, if the latter two consent in writing. The adoptive parents may also be provided with the biological parents' identifying information if medical necessity or other extraordinary
circumstances justify the disclosure.

Permissible Fees
The adoptive parents must file with the court a full accounting report of all expenses paid by them in connection with the adoption. These expenses may include fees related to the birth and related health care, placement, and other expenses of the biological parents or the adoption.

Place of Adoption Hearing
The adoption hearing shall take place in the county where the adoptive parent lives. In the case of adult adoptions, the hearing shall take place in the county where the adoptive parent resides or where the adult adoptee resides.

Authority To Place Child
Any person or organization that holds a valid license or permit to place children for adoption issued by the State Department of Social Services, or the Department itself, is authorized to place a child for adoption. In addition, a natural parent may select the adoptive parent personally without the involvement of any agency.

Relative Adoption
There are no provisions in the law regarding relative adoptions. In the case of an adoption by a stepparent where one natural or adoptive parent retains custody, consent must be given by the custodial parent and no home study is required.
 

stealth2

Under the Radar Member
Jenni_Pooh2 said:
Stealth - thanks for your tact, I figured I'd get hammered on this one... ;)
Well, it's Lent and I'm trying to be more thoughtful in my responses. :D
 

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