Adopting A Stepchild With Absent Father: Is It Possible?

So, you've decided to adopt today? That's wonderful news! Now, one cannot simply walk away with the child after signing some legal documents here and there. One of the most important steps of step-parent adoption is knowing who the biological parents of the child are. Now, what will you do if you are adopting a stepchild with absent father?

One factor that can help with speeding up the adoption process getting both parent's consent for the adoption. What a predicament! Will this affect the legal process of adoption? What happened to the father, and what can you do now? So, does this mean that you cannot adopt a child with an absent father?

Let's find out in this article.

Adopting A Stepchild With Absent Father: Are You Ready?

Take a look at your current relationship. Adopting a stepchild means you become the new legal parent. Parenthood is introduced to you, and we can all agree that this responsibility is not a walk in the park. Yes, it gives you legal authority over a child, but the the duty and commitment to it is the real task.

Another thing to consider is that biological children have the same treatment as adopted children. This means they have full access to your assets since they have a legal relationship with you.

Are you ready for your stepchild to possibly inherit your assets in the future? Do you put your whole trust in them?

If yes, then make sure that not only they have a good relationship with you, but to the rest of your family. Else, families might end up contesting or challenging a Will you left that's supposed to help your stepchild.

So, I Still Have a Chance To Adopt, Right?

Yes! However, adopting a stepchild with an absent father requires you to locate the father. The biological father has the obligation to trasnfer his rights over his child to you. This forfeits all claims to their child in the process. But if you don't have the father's address, you'll have to look into all other possibilities for finding the biological father, like:

• Web searches
• Requesting records from local, state, and federal governments
• Locating and interviewing the legal father's friends and relatives

How Can I Be Sure if the Father Is the Biological Father?

Well, you have to prove paternity. You wouldn't want some random person to be pretending to be the father of the child that you want to adopt. To prove paternity, the biological father needs to meet the following criteria:

• The parents sign an affidavit of parentage declaring him as the father, which is then lodged with the Central Paternity Registry.
• A court names him as the father in a paternity decree.
• The parents sign a consent document agreeing to a paternity test. The results must show that he is the biological father.

If either of these statements is correct, the child has a legal father. Even if the child has a biological father, if none of these criteria are true, the child does not have a legal father. The biological father can ruin the adoption process if he doesn't consent.

Adopting A Stepchild With Absent Father: Adoption Process

It's important to follow the adoption process to avoid any mishaps and legal disputes. The NSW Government has set out the legal process for adoption and we have outlined them for you below:

1. Firstly, download and review the "Adoption fes and costs" factsheet
2. Next, call Open Adoption and Permanency Services (OAPS) to discuss your family and suitability for the program. If you're a good fit, you'll receive a "Considering Adoption" booklet and an Expression of Interest (EOI) form.
3. Now, you may attend a two-day "Core Training" seminar, after which you'll receive a Program Nomination Form (PNF) to be reviewed by OAPS. If approved, you'll get the formal adoption application package.
4. Next, lodge your formal application within six weeks of the seminar. The application will be screened once all required documents, like medical and criminal record checks, are submitted.
5. You'll now undergo an assessment by an OAPS adoption assessor. They will interview you to ensure that you meet the legal requirements for adoption. OAPS will make a decision on your application. If approved, your name is placed on the Register of approved adoptive parents for four years.

Local Adoption or Intercountry Adoption?

Now, your next move will depend if you went for local adoption or intercountry adoption. For local adoption, you'll need to create a profile that you will share with birth parents once you enter the pool of approved adoptive applicants. If you're also approved for permanent care, other agencies may consider your profile for a child in need of a permanent home.

On the other hand, intercountry adoptions will involve a waiting list. Your caseworker will help you compile a dossier for an overseas country to review. If they approve it, your application will be added to their waiting list until a child is matched with your family. The overseas authorities make all placement decisions, and the time this takes varies by country.

Depending on your state, this can take anything from a few weeks to a few months. Once you finish the main adoption process, you can get a family court order to make any necessary changes for the child's name.

What If There Are Objections?

Now, not all adoptions are successful. Sometimes, the adoption process took too long or there were certain conditions that were met. However, in some unfortunate circumstances, the biological father's consent is not available and they also won't appear in court.

Sometimes, biological fathers in these cases ask for custody of the child to persuade the judge that he opposes the adoption. If they fail to appear at a hearing custody, then the court will terminate their father's rights without his knowledge. If the father show up for the hearing, they may have a chance to fight for their rights, but their chances to get a favourable outcome are slim.

Now what can affect a father's chances to have rights over his child? Naturally, a father has the legal and moral obligation to care and support their children. So, the court may require a sufficient documentation of the child's life.

What Chances Do I Have To Succeed With Adopting a Child With Absent Father?

A case of adopting a stepchild with absent father can progress into a more difficult scenario. However, you may have the leverage here. In the first place, the father was absent from the child's life. So, adopting a step child with an absent father may, at certain circumstances, be easier than one may think.

But don't just rely on this fact! You as a prospective step parent must step up and prove that you won't become the very person that abandoned the child you want to adopt. show that you are worthy of being a parent and stay committed to the responsibility.

Courts prioritise a best interests of the child, and the Family Law Act proves this under Section 60CC. So, they won't take adoption proceedings lightly and esnure that a child will receive the appropriate care from a parent, biological or not.

Do you want to know more about the child's best interests and how it can help you in adopting a stepchild with an absent father? Click here.

Are You Planning To Enter the Step Child Adopting World?

Adoption is for life. Becoming a step parent means providing child support and becoming a role model for them. Parental responsibility is not a joke and one should be mentally, emotionally, and financially prepared for it. Aside from this, you should ensure that you have the right legal guidance for adoption services.

Adopting a stepchild with absent father with JB Solicitors can help ease the difficulty of the process. We know all the ins and outs of adoption to pave the way for you to parenthood.

Should a father defend his child from getting adopted, our solicitors are also more than ready to represent you in court to defend your adoption cases.

Contact JB Solicitors today.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.