Adoption Without Parental Consent

Summary

In California, adoption generally requires consent from both biological parents. If a parent has been absent for over a year, it may be possible to proceed without their consent by proving abandonment. For emancipation at 16, you must be at least 14, live apart from parents with consent, manage finances, and have a legal income source.

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My name is damian
Hi Damian! How can I assist you with your legal issue today?
My mom has */* cousty of my sister. My moms wife wants to adopt her. Is it possible for her to do that without the consent of the other party (my sisters dad)
In California, generally, the consent of both biological parents is required for an adoption. If the other parent does not consent, it may still be possible if the court terminates their parental rights, typically due to abandonment, neglect, or unfitness.
Is there a reason your sister's dad might be considered unfit or has he been absent?
My sisters dad hasnt reached out to talk to my sister in over 5 years
In California, if a parent has not had any contact with their child for over a year, they may be considered to have abandoned the child. This could potentially lead to the termination of their parental rights.
- Abandonment: No contact for over a year can be a basis for claiming abandonment.
- Court Petition: Your mom and her wife would need to petition the court for adoption without the father's consent.
Would you like more detailed information on how to proceed with this process?
Yes
Case Rating: *
Sure, here are the steps your mom and her wife can take to proceed with the adoption:
- Consult with an attorney: It's advisable to consult with a family law attorney to understand the options and legal process.
- File a petition: Your mom and her wife would need to file a petition for adoption in the court.
- Prove abandonment: They will need to provide evidence that your sister's dad has abandoned her (no contact for over a year).
- Court hearing: Attend a court hearing where the judge will review the case and decide whether to terminate the father's parental rights and grant the adoption.
Would you like more detailed information or assistance on any specific step?
No thank you
Case Rating: *
It sounds like you have a strong basis for the adoption process given the circumstances of abandonment. If you need further assistance or change your mind about seeking detailed guidance from a lawyer, feel free to reach out. Good luck!
My dad has been in jail for a little over 16 years. My moms wife wants to adopt me. My dad has zero custody of me. My mom has full custody of me. Is it possible for my moms wife to adopt me with only my moms consent
Case Rating: *
Yes, it's possible. Since your dad has been in jail for over 16 years and has zero custody, your mom's wife may adopt you with only your mom's consent. Would you like to be connected to local lawyers who can better assist you with your case?
No thank you
Case Rating: *
Since your dad has been in jail for over 16 years and has no custody, your mom's wife can adopt you with your mom's consent. If you decide to seek legal assistance later, don't hesitate to reach out. Good luck!
How can i emanspate myself as a 16 year old
Case Rating: *
To emancipate yourself in California at *, you need to:
- Be at least 14 years old.
- Live apart from your parents with their consent.
- Manage your own finances.
- Be employed or have another legal source of income.
You'd file a petition with the court for emancipation. Do you meet these criteria, and would you like more detailed steps on filing the petition?