Legal Question in Family Law in Mississippi

Step Parent Adoption

I do not know who my daughter's real father is, but my now husband has been her daddy since she was just 3 months old. She has my maiden last name and I want to know how we should go about my husband adopting her...What should I do?

Asked on 5/31/09, 8:09 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736
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Re: Step Parent Adoption

The chancery court will have to be petitioned for adoption of the child and termination of the birth father's rights. To terminate the right of potential fathers to later object to the adoption, you should probably include affidavits from otential fathers acknowleding they knew about the pregnancy. See Miss. Code Annot. Section 93-17-6. and the case of Dr. K.B. AND Dr. R.M. v. J.G. No. 2008-CA-00472-SCT(Miss. May 28, 2009).

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Answered on 6/01/09, 11:30 am
Albert Pettigrew Law Offices Ph 228-875-8736
0 users found helpful
0 attorneys agreed

Re: Step Parent Adoption

Affidavits from potential fathers are not essential. They would be good if you can get them. Generally, it seems that the law places the burden on the bio father to show that he acted reasonably promptly to establish a parental relationship with the child, and that setting aside an adoption is not adverse to the child's interest. For a recent national survey of the law on this subject see "In the Matter of the Adoption of A.A.T., a Minor Child" No. 98,740 (Kansas December 12, 2008).

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Answered on 6/01/09, 12:14 pm

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