Mississippi 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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  • Preview Petition by Husband and Wife to Adopt Child with Consent of Mother Whereabouts of Biological Father Unknown
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FAQ

The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.

That is not true in Mississippi. A step-parent can only adopt the child of their spouse if the other parent is deceased, has had their rights terminated, or is willing to voluntarily relinquish their rights.

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.

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The stepparent and the stepparent's spouse must file a joint petition for adoption. If applicable, the biological father must consent to the adoption. Or the petition must state the reason why the biological father's consent is not required.

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.

If a mother seeks to place a child for adoption in Illinois or have her spouse adopt her child, she must first obtain the consent of the biological father or terminate the father's parental rights. The biological father must also be made a party to the adoption proceeding.

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