HELP - Adoption of the spouse's child

[Viky 0]

Hello,

I am not really sure that I am on the right topic but I hope somebody will be able to help me.

I have a very good girlfriend from Romania that is now in US. She got married to an US citizen and moved here one year ago along with her son. She has her conditional green card. Her husband wants to adopt her child but...... the boy's biological father is not on the romanian birth certificate and he did not recognized the child. One lawyer told her that he thinks she needs to obtain the termination of rights of the biological father before doing anything. Is that true despite the fact that the father never recognized the child?

Please, I will greatly appreciate any kind of advice.

[payxibka 10,045]

Hello,

I am not really sure that I am on the right topic but I hope somebody will be able to help me.

I have a very good girlfriend from Romania that is now in US. She got married to an US citizen and moved here one year ago along with her son. She has her conditional green card. Her husband wants to adopt her child but...... the boy's biological father is not on the romanian birth certificate and he did not recognized the child. One lawyer told her that he thinks she needs to obtain the termination of rights of the biological father before doing anything. Is that true despite the fact that the father never recognized the child?

Please, I will greatly appreciate any kind of advice.

Adoption is covered by an individual state's family law and therefore varies based on your residence... You need to investigate what is required for your state...

IMO, it seems difficult to get termination of rights if the "biological" father is not officially recorded.... In MN, parental "abandonement" can be a situation where consent is not required.

In PA the answer is not so clear:

When Parental Consent is not Needed

Statute: 23 Pa. §§ 2713; 2714; 2511

The adopted person is age 18 years or older, or has no living parent whose consent is required.

The parent of a newborn fails to maintain contact for 4 months.

The child was conceived as a result incest or rape by the father.

Parental rights have been terminated.

The mother's husband is not the natural father of the child.

Edited November 7, 2008 by payxibka