How can my husband adopt my son without my son’s father’s permission?

Thank you for submitting your question regarding step-parent adoption of a child and you’re your questions regarding the process of collecting past due child support from a biological parent.  Your dilemma is not an uncommon one.  The laws governing both of these issues will vary state to state.  The variations will be both within the process and possibly the outcome.

First, to address, the child support issue, a person is only obligated to pay child support when they have legal rights to a child. If someone else has adopted the child, then the other parent no longer has any legal rights to the child, including any legal responsibilities to the child, which include financial responsibilities.  If you are attempting to have someone else adopt the child, and then are telling the court that the biological parent should be paying support for the child, you may be confusing the court.  It may be helpful to take care of any back child support issues first, before addressing adoption issues.  If the child is adopted, while not impossible, it may be more difficult to obtain the back child support for the child.  This of course, may depend on your state’s laws.

Secondly, the adoption of a child by a step-parent, as with any form of adoption, is governed by state law.  In order for a step-parent to adopt a child, you may be required to have the consent of your spouse and the child’s other biological parent.  When the child’s other biological parent agrees to adoption, they give up all rights to the child, including visitation, custody, and financial obligations.  Some states do not require the other parent’s consent, but some states also allow for that parent to contest the adoption.  Since you need to follow the requirements of your state, you may want to consult with a family law attorney that specializes in this area for further guidance.