I have a question. My child is almost 5 and knows my husband as DAD. The bio father hasn’t attempted to make contact since our child was about 2, when his new wife basically told me to stop. (I was the one foolishly wanting to keep them updated on my child when they didnt even want to be!) Back story: I got on a plane with our shared child when he was 3 months old. He didn’t fight me on it but his parents sure were mad. Am I going to have to be able to locate the bio dad for my husband to be able to adopt my child? Or does this fall somewhere in the lines of abandonment? What happens if I can’t locate the guy to even serve him? Do you think his family will make a move if they saw he was being asked to terminate rights? Can i go through adoption without his consent if he and his wife literally want nothing to do with my kid?
Help a mama out and respond anonymously on our forum. Do I have to locate bio dad for my husband to adopt?
Technically he still has rights and has to sign them away in order for him to adopt. You may need a lawyer as you will need to attempt legal considered contact requesting this. My cousin wanted it for her daughter but her daughters father was illegal and she didn’t know where he was so her lawyer had her put something in a newspaper to suffice the legal contact and had to take time. Once the legal amount of time went by she was able to obtain all she needed to get her daughter adopted by her husband and get her passport for their vacation.
You do have to notify him and attempt to serve him. Each state has different rules but usually it involves hiring a process server, once that fails twice you do certified mail to the last known address or to his parents, then a publication in the local paper if he doesn’t sign for the papers. It has to be proven that you did everything possible to notify him. There’s probably a 90% chance that you could find his address with minimal effort. I do it for people often.
His parents have absolutely no rights though and there’s nothing they can do to prevent it if he agrees to it. Most parents in this situation will agree to an adoption because it terminates their financial responsibility to the child. If he’s paying support, it won’t be considered abandonment either.
By the sounds of it, you want to have the adoption done without his knowledge. It’s very unlikely to go that way. He has natural rights to the child and terminating them isn’t easy on purpose.
It really depends on the state. But where I’m at if you can prove abandonment (no contact, no child support payments, etc) then it’s possible to get an adoption approved. You can Google your state’s laws pretty easily.
It depends on the state’s abandonment laws, the court might terminate his parental rights for the adoption.
He has to go so many years with no attempted contact or anything. Which it sounds like he has. Definitely consult with a family attorney!
You need to consult with a family court attorney asap. Situations like these vary state to state and sometimes county to county. An attorney is going to be the best place for you to receive the answers to all of your questions.
She doesn’t mention if he’s been paying child support or not. If so they have to have his address so he can be served otherwise put an ad in the paper. After two years no contact that’s child abandonment on his part so the court will take that into consideration
Most places, after a year of no contact or attempted contact then he abandoned his rights as a parent. I would maybe call a lawyer just to ask and make sure.
Dont know what state you’re in, but in Texas you would need to locate the father and have him served. If he cannot be found, you must be able to prove you have tried all avenues to locate and something called public service, which is like a public announcement that he is being sought for this matter. The court hires an attorney to represent the “missing” parent’s as well as the child’s interests and it’s a really long process - even longer when the other parent can’t be found. Definitely consult with an attorney.
This depends on your state. If you honestly don’t know where he is, a lawyer will send out a letter to his last known address and put an ad in the paper as a notification. If after 30-60, sometimes 90 days, no one contacts the lawyer, your husband can adopt. Now if you DO know his address, then things STILL will go your way… hear me out. That man hasn’t paid child support I take it, if he has, it’s more complicated with extra paperwork. You can also let the grandparents know you can and will send pics and updates since they obviously cared… the bio father is responsible for half of the child expenses including health insurance. You have proof that it’s been three years with zero contact due to his current wife stating that they didn’t wish to be contacted. You are giving them a financial and obligatory “get out of jail free card”. They will take it, trust me. Just gotta do the steps and any judge in your state that sees you tried for a long time to keep him informed of his child and has since abandoned him with either no contact and support or just no contact and response to attempts to reach out… your petition will be granted 
Yes. If he is oj the birth certificate as the father, he will have to sign over his parental rights in order for your husband to legally adopt your son.
You could file abandonment if you meet the guidelines for your state. As for serving them, sometimes acing an ad in a newspaper can count if you don’t know where they are. Talk to your courts or do a free consultation with a lawyer.
Different states have different requirements. Some states you publish it in the paper and if they don’t show up on court date it goes through.
Each state and jurisdiction has different laws. You need to consult with an attorney in your area. Most will consult with you for free. Best wishes to you 
You need to talk to a lawyer. You will have to make reasonable attempts to locate him which the lawyer will explain. If he can’t be found a judge has the final decision
Is he on the birth certificate? That matters, and you need a lawyer.
Seriously this is a legal matter. Get a family law lawyer
You need to have a consultation with an attorney and go from there.
Talk to a lawyer. Every state has different rules and guidelines for adoption.
sounds like questions you need to ask an attorney
yes you do at least in my state
U sent notice to last known address and he has so many days to respond. They can always put a notice in the newspaper. This is what a friend of mine had to do
You need a lawyer to do an adoption. Get one with adoption experience. It took us to the third lawyer to get our adoption done. Mostly because other family was involved, like yours. What would seem to make it simpler only complicates it.
He has to sign over his rights in order for you guys to do that.