Question:

Can someone adopt a child without parents consent?

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I have this friend who is in jail for something You could say close to sexual assult..but also has a son and i know he loves that child...now the mother wants her boyfriend to adopt the child...can he adopt if the father has that sort of reason for not being in the childs life but wants too after his term is over? Can he fight it and get a fair chance to be in his childs life

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  1. All of this varies by state law hun. The judge would usually have to remove parental rights from the father or mother and then the remaining custodial parent may consent to adoption. He most likely can fight this but needs to consult a lawyer in his state because laws vary so widely.


  2. Nope.  His parental rights are not terminated just because of incarceration.

  3. Well the courts can declare him unfit and or not involved.   It is possible for this to happen but courts like to  rule in bio parents favor but with the sexual assualt charge that is tough

  4. the courts MUST terminate the fathers rights FIRST before anyone else can adopt the child. TPR (terminate parental rights) is a legal proceeding that takes months and months to perform. It can be done involuntarily, but it takes a lot of time. If the parent wants to they can voluntarily terminate their rights, but this  can still take a lot of time. If the court thinks it is in the childs best interest they will proceed with TPR.

  5. If he is considered a s*x offender, he may be forbidden from being around children, maybe for the rest of his life. For the child's sake, he should consider giving up any rights he might have. Right now, he's thinking only of himself, and that's not mature enough to be a father.

    If he's not going to be a registered s*x offender, and he is the acknowledged father on the birth certificate, then he could claim his rights. He would have more rights than a person who isn't even married to the mother.

  6. no the father would have to sign his rights away

  7. the child can not be adopted until the father losses all his parenting consent or gives it up

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