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Unless the kid is, like, 10 months old, the biodad has abandoned the child. If his parental rights haven't already been severed, they should be, and that should open the door to your adopting the kid. Good luck. * The biological mother will have to file a petition in the state court in the city or county where she resides to have the father's parental rights terminated before the child is eligible for adoption. In such cases the court is generally agreeable, but such cases are judged on their individual merit. In most situations the petitioner will need to show the court that reasonable attempts to locate the biological parent have been made to obtain his or her consent for the adoption. Abandonment laws in most states do not address the issue of the adoption of a child based only on the issue of one or both parents not being present.

2006-08-21 00:25:59
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Q: Can you adopt your wife's child if the biological father cannot be found and has not been in the child's life since he was 9 months old?
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