Legal Ease by
Shane Givens
Oct. 18, 2010
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Step-parent adoption issues My name is Shane Givens and I am a general practice attorney located in Centre. Since I opened my practice I have been presented with many legal questions, everything from “why do I need a will?” to “what do I do if I am stopped by law enforcement?” I have recently been presented the opportunity to answer some of these general questions in The Post. Be advised, however, that any answers I may give are strictly for general informational purposes. Always talk to an attorney about your individual situation before making any important legal decisions. The question I'll address today is: “If my child's biological father has abandoned our child, do I have to locate him and get his permission in order for my new husband to adopt them?” Sadly, I find that this situation actually comes up fairly frequently. Ordinarily, in a step-parent adoption situation, the child's biological father has to consent to the adoption. However, under Alabama law, if the biological father does not offer financial and/or emotional support for a period of six months prior to the birth of the child, or has left the child without provision for support and without communication for a period of six months anytime after the birth of the child, then his consent to the step-parent adoption is no longer required. Under the law, the biological father is said to have impliedly consented to the adoption by his actions. If you find yourself in this situation, contact your lawyer for further information and to see whether this implied consent law applies to your individual situation. Please e-mail questions for future columns in The Post to givenslaw@tds.net. |