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Petition by Husband and Wife to Adopt Child with Consent of Mother...

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

Name: Santa Clara California Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown
Brand: US Legal Forms
Rating: 4.57 (453 reviews)

Category:

Adoption - Petitions

State:

Multi-State

County:

Santa Clara

Control #:

US-01539BG

Format:

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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How to fill out Santa Clara California Petition By Husband And Wife To Adopt Child With Consent Of Mother Whereabouts Of Biological Father Unknown?

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FAQ

If you are married to your baby's father and he won't give written consent to an adoption, the only way an adoption can take place is if the state of California decides to terminate his parental rights.

If the court finds that the adoption is in the child's best interests, a judge will sign the adoption order. If a biological parent will not voluntarily consent to an adoption, in most cases, that biological parent's parental rights must be terminated by the court before the adoption may proceed.

You may be wondering whether you can have your spouse adopt your child without the biological parent's consent. In California, in order to do a stepparent adoption, the absent parent must have his or her parental rights terminated in order for the step parent adoption to move forward.

Adoption Laws in California Code SectionFamily §§8500-9340Age that Child's Consent Needed12 years and olderWho May AdoptAny adult; must be 10 years older than child unless stepparent, sister, brother, aunt, uncle, or first cousin and court approvesHome Residency Required Prior to Finalization of Adoption?No3 more rows

Capacity to give for adoption. If in case parents died then the guardian can give for adoption. If only the father is alive then he can alone give for adoption without any consent. If the mother becomes unsound mind then her/his father can give for adoption.

If a parent does not have Parental Responsibility (PR), the court is not required to have their consent before making an adoption order. However, if this parent has a close connection with their child, it is likely the court will want to find out their views, as well as the child's.

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

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FAQ

Can a child be adopted without the father consent California?

Can a child be adopted without the consent of both parents?

Can my husband adopt my child without biological father's consent in California?

Who must consent to the adoption in California?

In which case the mother can give the child in adoption without consent of father?

Do you need father's permission to adopt a child?

Interesting Questions

What is the Santa Clara Petition?

What are the requirements to file a Santa Clara Petition?

Why is consent from the mother important in a Santa Clara Petition?

What happens if the biological father's whereabouts are known?

What kind of evidence is required to prove the biological father's whereabouts are unknown?

What if the biological father suddenly reappears after the adoption process begins?

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