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In order for an adoption to happen without the biological parent's consent in a private adoption (including stepparent) adoption, you must be able to prove that (1) the adoption is in the best interests of the child, AND that (2) any of the following is true: (a) the parent has ?abandoned? the child; OR (b) the parent ...
Before a child may be adopted by a stepparent, the child must be available to be adopted. This means that the non-petitioning parent, if one exists, must give written consent to the child's adoption or that parent's parental rights must be terminated by the Court if they have not already been terminated.
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.
Once adoption is complete, the natural (biological) parent no longer has the status of parent with regards to the adopted child. Thus, as a general rule, the adopted child may not confer immigration benefits on his natural parent even if the adoptive relationship has been terminated.