Legal Question in Family Law in Maryland

Hello. My boyfriend wants to adopt my son. We are getting married in 4 months. I understand that we have to be married for him to proceed with this. I also understand that my sons bio father has to tereminate his rights. I have not seen or heard from him since I was 8 weeks pregnant, my son is 9 months old. What I am wanting to know is what are the laws for abandonment? What are the grounds that a court would involuntarily terminate the bio fathers rights? What if I cannot find the bio father to have him sign over his rights? Since he has not attempted to see or attempted to support my son would that play any role in the courts decision? If he terminates his rights does that mean he doesn't have to pay child support? If he is found and decides that he wants something to do with my son, if he lives in another state does he get visitation rights?(no child support or custody arrangements have ever been made) Thank you for your time.


Asked on 5/13/10, 11:51 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

When you file an adoption proceeding, you must serve the bio father with notice of the proceeding. If you don't know how to locate him, you must publish a notice of the proceeding in a local newspaper in the area of the bio father's last known address. If he opposes the adoption, it would be up to the court to decide whether to allow it, although courts are reluctant to involuntarily terminate parental rights. If the bio father's rights are terminated, the father's duty to support your son will shift to your husband to be. If the bio father retains his rights, you can seek child support from him, and he will have visitation rights regardless of where he lives, although the place where those rights may be exercised will depend on the child's age and other factors.

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Answered on 5/19/10, 6:38 am


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