I am newly married, how can my husband adopt my son?
Question Details:
Do I have to get his father's parental rights terminated first?
As a Pocatello Idaho Family Attorney, I can advise you that Idaho Adoption Laws do require you to terminate the biological father's parental rights for your new husband to adopt the child.
However, in Idaho, you can file a joint petition for the termination of the father's parental rights and for the adoption of your son by your new husband. If the father cannot be found or simply agrees to the adoption, then the process is fairly straightforward, either (1) the father will be defaulted for not responding and his rights will be terminated, or, (2) the father will sign a voluntary consent form and his rights will be terminated.
If the father contests the adoption, then the road is much more difficult. Although there are a few other reasons for termination (see http://www.legislature.idaho.gov/idstat/Title16/T16CH20SECT16-2005.htm), the most common grounds for termination are neglect, abandonment, or physical/sexual abuse. Neglect and abandonment need to have occurred for at least one year. Neglect is often viewed as withholding financial support while abandonment is failing to maintain a normal parent child relationship. If one of these reasons can be proven, you will also need to show that it is in the best interests of the child to termiante the parent-child relationship.
Where you are a biological parent, a home study is not required.
I would highly recommend contacting an adoption/termination attorney from Idaho to review this case with you and to provide more detailed information. http://idahodivorcelawyer.blogspot.com/
No, the termination of the father's parental rights is part of what happens in the step-parent adoption process.
When your husband files the court case to start the adoption, the father will have to be served with the papers, so that he can oppose this if he wants. If the father can't be found, an attorney will be able to work out the best approach to "substituted service" so the case can go forward.
The courts don't just rubber-stamp these. You will probably have to have two home visits from a social worker, to make sure there's a suitable environment. It might make sense to wait at least six months after your wedding, so that there's less question about the stability of your marriage.
