Sometimes a woman will want her new boyfriend to adopt her child, especially if the biological father has not played a role in the child’s life at all. While these types of adoption cases can be straightforward, this is not always the situation warns Cynthia E. Reed, a divorce lawyer based in Lancaster, Pennsylvania. Here, she discusses what to do to ensure that the adoption case goes as smoothly as possible, with the best outcome possible for the child involved.
Adoption sometimes happens by only one parent. Usually, this is the case when a woman is engaged to marry a man, and she already has a child or children from a previous relationship. Often, the father of that child is not involved in that child’s life whatsoever. He has not been around for years, does not pay child support, and has no interest in taking part in the life of the child at all.
When this is the case, often the new husband wants to adopt that child so that everyone has the same last name, so that the child officially has a father, and so that the family unit is made more secure. This is the typical situation I often see here, when one parent wants to carry out an adoption proceeding.
In a case where a woman is in a situation like the one I just described and wants her new husband to adopt her child, then there are some very specific procedural things that have to be done. They include:
- First, finding the biological father
- Secondly, attempting to obtain his consent for relinquishing his parental rights to the child
- Thirdly, getting his consent to the adoption
Anyone facing a situation such as this would be well advised to seek the advice of an experienced attorney. Getting sound legal advice would become even more important if the biological father decides that he does not want that to happen, that he does not want the child to be adopted by another man, and he does not want to give up his rights. Then, the whole adoption becomes more complicated.
In this scenario, there would have to be some litigation. Everyone would have to go to court, and the biological father would have to explain why he did not want this to happen. The mother and the adopting father, on their part, would have to explain why this is actually a good thing for the child.
The fact that the biological father had not paid child support probably would not be a factor. The fact that he had not been around for several years and not been involved in the child’s life even marginally, however, would play a greater role in the decision.
Different Attorneys Needed
It is important to note that at least here in Pennsylvania, the same attorney cannot represent the mother and the child and the adopting parent. It would tend to create a conflict of interest. Even though their interests would appear to be the same, they are not necessarily. The child does not really know what is best for him or her, and the statute says that you have to have separate attorneys representing both the mother and the would-be father. Contact a divorce lawyer in Lancaster who specializes in all aspects of family law for the best legal advice.
As a general rule, these cases end up happily. The adoption goes through. It’s a process that is a little time-consuming, but doable. Often, on the final day of the adoption hearing, the new family - meaning the mother and the adopting father and the child - show up at the courthouse. Everyone is dressed up and they take lots of pictures. You can always tell when it is adoption day in the courthouse as the hallway outside the courtroom is filled with happy people all dressed up. It is really kind of sweet.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
