Ana wants to get married. She has two children from a previous relationship. Their father has never financially or emotionally supported the children, and has not seen them in over two years. There has been no contact by any of his family members. Ana now wants to marry. She has found a great guy who loves her and her children and wants to adopt them after they are married. It would be nice if
Ana could locate the children's father and ask him voluntarily to terminate his rights so they can be adopted and enjoy the benefits of a true family unit. Is Ana without hope of ever getting the children's biological father to give up his rights?
What will be an ideal response?
Each jurisdiction has its own statutory grounds for termination. They can include parental abandonment, absence of a parent/child relationship, and failure of the parent to rehabilitate to a degree where the parent can achieve a meaningful role in the child's care and upbringing. Voluntary termination is a possibility, if the father can be located. If not, there must be a hearing that will allow Ana to present evidence of his abandonment and lack of support. Either the state or the protection agency must bring a petition before the court seeking termination of the children's father's parental rights. There must be a good-faith effort made to locate him, and the state must allege that one or more of the statutory grounds exist. If, or when, the child's father's parental rights are terminated, and once she is married, a stepparent adoption should go quite smoothly.
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