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Stepparent Adoption: Terminating Parental Rights When the Biological Parent Doesn't Consent

Friday, September 25, 2020

While there are a number of benefits to a stepparent adopting their stepchildren, the process is not an easy one. A crucial step in the process before it can be made official is for the biological parent to consent to the adoption by surrendering their parental rights. Yet, too often the biological parent does not consent. If that is the case, can the adoption proceed?

If the biological parent does not consent to a stepparent adoption of their child and refuses to surrender their parental rights, you must seek to terminate those rights. This can be done by exploring three key avenues.

Abandonment

If you have an uninvolved biological parent, their rights can be easily terminated. If the parent has not communicated or financially supported the child for over a year, they qualify as having abandoned the child and will lose their rights.

Unfit as a Parent

If you choose to try to terminate parental rights through proving they are an unfit parent, the courts will hold a fitness hearing. They will examine various factors that go into this where in you can present evidence to support their unfit nature as a parent. In order to terminate parental rights this way, you must prove that they are abusive, neglectful, mentally unfit, addicted to substances, or have failed to visit for a certain amount of time. If the biological parent is incarcerated and will be for a long length of time, this can also qualify.

Proven Lack of Paternity

Specific to fathers of children, if the mother can prove that the child is not really the child of their supposed biological father, then that person will no longer have their innate parental rights. This can be quickly done by a quick paternity test.

Learn More About Stepparent Adoption

If you are attempting to adopt your stepchild or are having any other family law issues, contact us today. The Law Office of Jamra & Jamra can help you navigate these difficult waters.