Rights of a Birth Father in Stepchild Adoption | Burns Attorneys

Rights of a Birth Father in Adoption

How the Birth Father Can Impact Stepchild Adoptions

When you’ve been in your stepchild’s life for a while, it may feel like you are their parent. Parental love is not confined to DNA or legal guardianship. However, adopting a step child can have its legal benefits for both you and the child. 

Adoption will give you both permanent financial and legal responsibility for the child in the same way a biological parent would have. As the legal parent, you can make decisions regarding your child’s schooling, medical care, and religious upbringing. Adopting a stepchild also eases the minds of many parents because it keeps the child in the non-biological parent’s care should their biological parent pass away. It also makes future trust and probate litigation easier, as the child is legally your dependent. 

While it will bring joy to both you, your spouse, and the child, stepchild adoptions in California don’t come without their hurdles. The biggest roadblock to many adoptions is the biological father. Whether or not they are involved in the child’s life, they still have parental rights that will hold up in California family court. 

What Does It Mean to Give Up Parental Rights?

Parental rights mean that they can make decisions about the child’s future, and you will have to notify the father of your plans to adopt and get their consent to terminate their legal rights. This can be easy and handled in a matter of days, or this can cause quite the headache. 

Whether the father and your spouse went through a messy divorce or the father still wants their title, there are plenty of reasons for them to push back against your request. If they give up their rights, they are consenting to:

  • Giving up decision-making abilities for the child 
  • Giving up all visitation rights and custody rights for the child
  • Giving up the right to communicate with the child

As the father, you will have the legal authority to allow as much or as little visitation and communication as you wish for the biological father to have with the child.  

Getting the Father to Give Up Parental Rights

In the event that the other parent is not involved in the child’s life, getting their permission for the adoption is much easier. Lawyers for birth fathers in California can tell you that giving up their rights absolves them of child support payments, and you should bring up this incentive to them. 

In some situations, the birth father is AWOL, and you can’t get into contact with them. In cases with absent fathers or fathers who flat out refuse to give up custody, you still have hope. 

Adopting your stepchild is still possible if you are having trouble getting them to give up parental rights. If it comes to it, you can take the parent to court alongside an adoption attorney. Sometimes, just the threat of having to make a court appearance will make a father give up their rights. 

In court, you can present your argument for why you should be the child’s legal father. It’s helpful to have a list of examples of how you are closer to the child and how you benefit them more by being in their life. Adoption courts will also hold you and your spouse in higher esteem if you are trying to adopt your stepchild a year or more into the marriage.  

To fight for your stepchild adoption in court, you will have to show the judge that the biological father is one of the following: 

  • An Absent Father - If you prove abandonment, then the courts are more likely to rule in your favor. Abandonment is defined as no contact or financial support for a year or more. If this is the case with your stepchild’s biological parent, then the courts may terminate their rights as a parent. 
  • An Unfit Father - Unfitness is usually defined as abusive or neglectful towards the child. If the father hit your stepchild or failed to provide adequate care when they had custody, then they can be deemed an unfit father in court. A parent can also be ruled unfit if they suffer from a mental disturbance, failed to visit, deal with substance abuse, or in jail. If any of these situations apply to the biological father and you show that you are stable, the court may terminate the unfit father’s rights and allow your stepchild adoption to continue.
  • Not the Biological Father - While they may believe that the child has their DNA, it’s possible that they are not actually the biological father. You can ask your spouse if there’s any chance the biological father is mistaken. You can also conduct a DNA test. If your spouse was married to the father at hand when she gave birth, then the husband of the person giving birth is always presumed to be the father. If you can prove that the biological parent and your stepchild are not related by DNA, then you won’t need their consent to adopt. The alleged biological father has to a paternity action within 30 days, or else the court can terminate his parental rights.

Continuing the Adoption Process

Getting the father to give up his parental rights is just one part of the adoption process. You must also obtain consent from your stepchild if they are over the age of 12. 

Part of the stepparent adoption process involves a court-ordered investigation by a social worker. You have to pay a fee for this investigation, which ranges from $600 to $700, depending on the county. During the investigation, you will present legal identification of the child, such as a birth certificate, as well as undergo an interview with the social worker. They will also interview the child. 

Finally, the court will hold a separate hearing for parental termination proceedings. At your final hearing, the judge will review the case and the social worker’s findings to make a decision about the adoption.

To ensure that this process goes smoothly, you should hire a family law attorney. A Los Angeles family court lawyer will be able to aid you in getting the father’s consent, gathering any documents, and presenting you and your family as best as possible in court. Contact our attorneys today to get started!

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