Legal Question in Family Law in Oregon

Re: Step Parent Adoption

YOUR QIESTION:

Do we have to go through having his parental rights terminated before we can go through with the adoption or can it all be done at once.

ANSWER:

You do it all at once, as part of the adoption proceeding.

EXPLANATION:

First, I suspect the birth certificate you have (the one w/o the biofather�s name on it), was issued prior to the your having obtained the court order for child support. Generally, under the laws of most states, the biofather of a child born out of wedlock cannot be shouldered with a court order requiring payment of child support until and unless he has been established (either voluntarily by signed a Acknowledgment of Paternity form or by a judicial declaration) as child�s LEGAL father. Legal paternity is a prerequisite for a child support order. Generally, after legal paternity has been established, the state�s Vital Records agency will then amend the original birth certificate so as to include the name of the child�s legal father.

Second, assuming the biofather is now the child�s legal father, you cannot proceed with a stepparent adoption unless you have the voluntary written consent of the legal father. Voluntary consent, BTW, involves the legal father�s relinquishing his parental rights. (So, yes, it can all be done as part of the same proceeding.)

If the legal father will not voluntarily consent to the adoption and you nonetheless want to proceed, you will have to assert and prove that sufficient grounds exist for allowing the adoption (and the inherent involuntary termination of the legal father�s parental rights) despite the lack of the legal father�s voluntary consent. Whether sufficient grounds exist will depend on the law of the state in which the adoption proceeding is taking place. In your case, this would appear to the state of Nevada. So, I suggest you confer with a competent family law lawyer in Nevada for further professional advice and possible legal representation.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884 (afternoons, Pacific time)

Fax: 503-226-1321

E-mail: [email protected]

Re: Step Parent Adoption

You do have to terminate the parental rights of the biological father in order for you husband to adopt. The proceedings would take place in Nevada. If the biological father owes child support he might willingly relinquish his parental rights.