Michigan Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown

State:
Multi-State
Control #:
US-01539BG
Format:
Word; 
Rich Text
Instant download

Description

If the father's name is known but his whereabouts are unknown, some states require the adoption agency or attorney to make reasonable efforts to locate him. What constitutes reasonable effort? The answer differs by state and, often, by judges within a state.


Many birth fathers in domestic adoption situations are unknown to the birth mother, or are not involved in the adoption process in any way. It is vital to follow state laws to try and locate or provide notice to any unknown birth father or identified potential birth father whose whereabouts are unknown or who simply is not in contact with the birth mother any longer. The birth father's rights will be terminated by the courts after these steps are taken to provide him notice.

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FAQ

The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

The court said that just because the custody of the child was with the adoptive parents does not give them "any right to retain the child with them." The biological mother in this case was an unwed woman when she gave birth to the child. Owing to the circumstances, she gave up her child for adoption to an NGO in 2021.

A legal father may consent to the adoption. If a putative father appears at the hearing and does not consent or a legal father refuses to consent, the adoption may proceed to further hearings. This does not mean the adoption cannot take place, but it adds additional issues to the proceedings which must be addressed.

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If a mother seeks to place a child for adoption in Illinois or have her spouse adopt her child, she must first obtain the consent of the biological father or terminate the father's parental rights. The biological father must also be made a party to the adoption proceeding.

This means, the adopted child cannot petition for his or her biological parents or siblings, and they cannot receive any immigration benefit from them. In your case, since you obtained your green card because of an adoption, you cannot petition your biological parent, or your biological brothers or sisters.

The stepparent and the stepparent's spouse must file a joint petition for adoption. If applicable, the biological father must consent to the adoption. Or the petition must state the reason why the biological father's consent is not required.

If your U.S. citizen sibling is adopted, or you are adopted, you are eligible to receive a green card for siblings. However, the following conditions apply to your relationship and sibling status: You and your sibling were both younger than 16 when the adoption took place.

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Michigan Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown