Is it possible for my husband to adopt my 2 children from a previous marriage, without their biological father’s consent?

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Is it possible for my husband to adopt my 2 children from a previous marriage, without their biological father’s consent?

I have 3 children – 1 with my current husband and 2 from a previous marriage. My ex husband is currently incarcerated for rape of my minor sister. He has not seen my children for over 6 years and is not scheduled for release until next month. We would like for our older children to legally have the same last names the rest of their family, and the man whom they consider their dad, and we would also like to be able to add them to our health insurance policy. We are currently paying for coverage that we would not have to otherwise if they were legally my husband’s.

Asked on August 27, 2012 under Family Law, Massachusetts

Answers:

Maury Beaulier / MinnesotaLawyers.com

Answered 8 years ago | Contributor

No.  Such an action would require filing to terminate the biological parent's rights first, followed by a step parent adoption. One of the basis for a Termination of Parental Rights is abandonment. 


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