Adoption can be an empowering process that redefines how a family interacts with each other and grows together. However, adoption can also be complicated, especially when a non-biological parent seeks to adopt his partner’s child.
A father’s rights extend to caring for a child for whom they have served in a parental role, even if they are not related. The legal process of a father figure adopting his partner’s child requires careful strategy, from the supporting evidence to the timing of filings.
The process requires obtaining consent, potentially completing home studies, filing a petition, and attending court proceedings. There are also emotional and legal considerations, including building a strong familial relationship and understanding the impact of the adoption on the child’s rights and inheritance.
Consent Requirements
For a non-biological father to petition the court for adoption, consent must be obtained from the child’s biological mother. If the mother agrees, she will be required to provide documentation indicating her consent.
Consent may not be required in certain situations. These include:
- If the child has been abandoned for at least one year
- If the biological parent is imprisoned
- If the biological parent has been neglectful, mentally unwell, or otherwise incapable of properly providing for the child’s needs
If the child being adopted is older than 14 years of age, they must also provide consent. They can independently choose whether or not they agree to be adopted by the non-biological parent.
The Steps of the Adoption Process
Once all relevant parties have agreed to the adoption, the process can begin.
Filing an adoption petition
The first step in the adoption process is filing a petition for adoption with the appropriate circuit court. This requires the father to provide information about himself and sign multiple disclosures indicating that he understands what he is asking for and what rights and responsibilities he will have moving forward should the adoption be approved.
Presenting proof of consent
At the same time as the adoption petition is filed, the parties who provide consent must complete and file their consent forms. This includes the biological mother and the child, if over 14 years of age.
This may also include a biological father providing consent with a signed acknowledgment of the rights that may be terminated in this process.
Attending the court date
With the documentation filed, the court can then schedule a date for a hearing. The judge will determine whether the father fits the proper criteria for legal parenthood, such as providing a proper home environment for the child, demonstrating sufficient responsibility in attending to their needs, and earning enough income to keep them healthy.
At this court appointment or before, the biological parent has the right to contest the adoption. If they do not, and if the court deems the father to be an appropriate steward, the adoption is finalized.
Obtaining new legal documents
Once the adoption is complete, it is possible to amend important legal documents, including a new birth certificate listing the father as the parent. Many men also choose to change their child’s last name to reflect their own, though this is optional.
What to Do if the Other Parent Objects
The biological parent has the right to object to an adoption, even after it has been finalized. A new court date will be set in which the parent may plead their case—demonstrating either that they are now fit to be the child’s parent (if they were not before) or that the adoptive parent is not suitable to care for the child’s best interests.
Securing legal counsel during this time is essential to protect your status as a legal parent.
The Impact of Adoption on the Child
Adoption can mean many things to a child—a new and more favorable home environment, a change in schools and medical care providers, and even a stressful shift in living situations.
Newly adopted parents should strive to remember how the adoption affects their child, not just them. Update accounts such as investments and life insurance to reflect the child as the beneficiary, and remember that in the case of teenage children, their consent throughout the adoption process matters as well.
Trust Milstein Siegel with Your Father’s Rights
Adoptions can be smooth processes, but some may have challenges and objections from the other parent. Fathers can benefit from being represented by an attorney even if they do not anticipate issues to present the strongest case to the court for the best chance of being granted adoptive rights.
The attorneys at Milstein Siegel help men understand their father’s rights, throughout the adoption process. Contact Milstein Siegel to schedule your consultation today.
