International Step-Parent Adoption

[vancedan 5]

Does anyone here have experience with international stepparent adoption? What happens if the biological parent doesn't respond to service notice? If they contest can it still go forward?

[BethandBilly 86]

As far as I am aware a stepparent adoption cannot go forward if contested, unless a court finds the non custodial parent has never paid child support and has not had contact with the child. Also I have read that just because a parent says they non custodial parent is abusive it is not enough proof that a non custodial parent should lose parental rights. To be honest because this is an international adoption a judge in the US may be reluctant to allow the adoption if the non custodial parent hasn't given written consent. I'm sorry this is probably not what you want to hear, but I've heard of adoptions going through only to be revoked due to the custodial parent lying or forcing the non custodial parent to sign their rights away. If you have a lawyer they should be able to give you better information.

Does anyone here have experience with international stepparent adoption? What happens if the biological parent doesn't respond to service notice? If they contest can it still go forward?

[K & J 17]

The main question is WHERE IS THE CHILD? This will determine which court has jurisdiction and which laws apply. In order to adopt, first you need to terminate parental rights.

[Ontarkie 14,467]

The main question is WHERE IS THE CHILD? This will determine which court has jurisdiction and which laws apply. In order to adopt, first you need to terminate parental rights.

Actually it is not that simple. Peru is part of the Hague Convention and no adoption will be recognised if it does not follow the laws in Peru also. The childs birth Country has jurisdiction, and always will the US will treat that Country like it is another state.

[sib 7]

The Hague convention does not apply to step parent adoption. This is only if the adoption is managed through an adoption agency.

The way an adoption is done and what is necessary is also depending on the state you are living.

Some states allow step parent adoption without terminating the other parents rights. You need to get information about the way the adoption is done in your state.

I adopted my husband's kids but their mother was deceased. No problem in Florida, rights to the other parents will be terminated and you would need a consent of the other parents.

Then we needed to do a lot of paperwork in my children's birth country to get the adoption recognized there. Because the adoption laws of Florida and my children's birth country we got it recognized, but it was some hassle. That country requires a social worker to check for the benefit of the kid and this was not done here in Florida. But the judge in the kid's birth country decided that the adoption was for the benefits of the kids!

Get also the information about the adoption law in the kid's birth country so you know what needs to be done here.

Sib

Edited June 14, 2012 by sib