Utah 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
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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

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.

For example, in Utah, birth parents who have signed away their parental rights have little to no recourse after the fact. In fact, once a final adoption decree has been entered, the birth parents cannot seek to reinstate their parental rights, even if they allege fraud.

A stepparent does not have an independent right to adopt. Instead, the stepparent must have the consent of the biological parent whose rights are being terminated. However, the need for consent may be waived in some situations where that person cannot be found or has abandoned the child.

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.

Does the father have to agree to adoption in Texas? No, it is not necessary for the father to agree to adoption in Texas as long as his parental rights are terminated. If the father doesn't want to ?give a baby up? for adoption in Texas, he may contest the adoption.

In Pennsylvania, you'll need the consent of the child to be adopted if they are over 12. File a petition with the court. If both biological parents agree with your request to adopt, they'll also sign the petition. Attend any hearings as needed.

Consent to adoption must be obtained from mother, father, any "putative" father, any person or agency having permanent custody of the minor, and the minor if more than twelve years of age.

If a child is born within a marriage in Utah, adoption generally requires consent from both parents. Giving a baby up for adoption without the father's consent in Utah may be possible in some cases, though. For example, it may be possible when the father's parental rights have been terminated.

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