Summary
In Maryland, adoption generally requires the termination of parental rights. However, options like legal guardianship or de facto parent status may allow you to assume parental responsibilities without terminating the biological parents rights. If one biological parent is deceased, you can adopt with the surviving parents consent. Consult a local family law attorney for specific guidance.Full Conversation
I want to adopt my step daughter and wanted to know if there is a way I could adopt her without terminating her fathers rights
Hello Alecia, thank you for reaching out. Generally, adoption requires termination of parental rights of both biological parents. However, laws vary by location. May I ask where you're located to provide more accurate information?
Hagerstown , Washington county , MD
Hello Alecia, In Maryland, parental rights must be terminated before adoption. However, exceptions may exist. Consider these options:
*. Consent Adoption: Biological parents voluntarily terminate their rights.
*. De Facto Parent: Legally recognized even without biological or adoptive relationship.
Consult with a local family attorney.
Is there anyway around terminating the parental rights?
In Maryland, adoption usually requires the termination of parental rights. However, it's possible to file for legal guardianship or become a de facto parent without terminating the biological parent's rights. For more detailed information, you should consult with a family lawyer in your local area.
What is de facto parent?
A de facto parent is one who, despite not being a biological or adoptive parent, has been found by the court to have assumed the role of a parent for a child's day-to-day care. This status grants certain parental rights and responsibilities.
Does de facto parent give parental rights?
Yes, becoming a 'de facto parent' can grant certain parental rights. However, the extent of these rights may vary. It's advisable to consult with a local family law attorney in Hagerstown, MD for specific guidance.
Does being a de facto parent give more parental rights then that of a guardianship ?
In Maryland, both de facto parents and legal guardians have some parental rights. However, a de facto parent might have more rights in some areas, like visitation or custody, while a guardian might have more rights in other areas, like making decisions about education or healthcare. It's best to consult a local family lawyer for precise advice.
What if one of the biological parents are deceased , is it possible to adopt as her mom and not terminate the rights of the father?
In Maryland, if a biological parent is deceased and the other parent consents, you can adopt without terminating the surviving parent's rights. However, legal specifics should be discussed with a local family law attorney.
Will I gain parental rights after adopting her if the other parent is deceased ?
Yes, if you adopt your stepdaughter in Maryland and the other parent is deceased, you will gain full parental rights. However, it's always best to consult with a local family attorney for more specific guidance.
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