What to do if I’ve been married to my stepdaughter’s biological father for 5 years and would like to adopt her?

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What to do if I’ve been married to my stepdaughter’s biological father for 5 years and would like to adopt her?

Her biological mother moved, left her with us 3 1/2 years ago and hasn’t had any contact for the last 2 1/2 years. Is that grounds for a judge to terminate her rights even without her consent?

Asked on December 6, 2012 under Family Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There has to be a basis for the termination of parental rights.  Courts are not inclined to do so unless it is in the child's best interests, and that is such a fact sensitive determination that this forum makes it difficult to properly guide you.  She may in fact wish to terminate them voluntarily but courts want to see a new potential parent "waiting in the wings" to adopt her. Please speak with an attorney. Good luck.


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