A surprisingly common situation:
Parents are separated and divorced, or never married. The mother remarries. Can the new husband adopt the child?
The answer: it depends.
This is a two-step process: first, the termination of the parental rights of the birth father; and second, adoption.
Typically, if the birth father is exercising some custody or visitation with the child, and doesn’t want to give up being the father, the new husband won’t be able to adopt.
However, if the birth father is totally out of the picture and shows no interest in the child, or if the birth father is willing to give up his parental rights, the new husband will typically be able to adopt.
Adoption, however, is a complicated area of law. Sometimes, even if all the parties want the adoption to go forward, a judge may deny it.
Contact me, an Idaho Falls adoption attorney, at 208-206-1475 for legal help with your child’s adoption.