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

State:
Multi-State
Control #:
US-01539BG
Format:
Word; 
Rich Text
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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FAQ

Step-parent adoption, in Minnesota, involves four key steps: (1) termination of parental rights; (2) a petition for adoption; (3) background checks by court services; and (4) a final hearing.

Spanking, slapping a child's hand, washing a child's mouth with soap, and other physical acts of discipline are not permitted for foster children and adoptive children.

Types of behavioral and emotional issues Children who are adopted may have behavioral issues such as violent tantrums and/or sensory self-stimulation in times of either stress or excitement, oppositional behaviors, aggression, depression and anxiety.

Before a child may be adopted by a stepparent, the child must be available to be adopted. This means that the non-petitioning parent, if one exists, must give written consent to the child's adoption or that parent's parental rights must be terminated by the Court if they have not already been terminated.

Generally, stepparents do not have automatic rights to custody or visitation. In Minnesota, they may be able to petition for visitation rights, but the court's primary consideration will be the best interests of the child. It's crucial to consult a knowledgeable attorney for tailored advice on this complex issue.

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.

Some states allow more than two parents to be legally recognized as well, albeit on a case-by-case basis, but Minnesota is not included among them. As such, by Minnesota law one biological parent must have their parental rights terminated for a stepparent to legally adopt the child.

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