The most common type of adoption with which lawyers are
asked to assist are step-parent adoptions, arising when the
custodial parent of children from a previous relationship
remarries, and the step-parent wishes to adopt the children as
their own.

The largest stumbling block to such an adoption is usually
obtaining the consent of the non-custodial parent.  Although not
required for the adoption to be accomplished, without it, one
must prove that the non-custodial parent has abandoned the
children.  For example, that parent has not seen or talked to
the children for a period of years, does not pay support, does
not send presents at Christmas and birthdays, and in not
involved with the children at all, or only to a minimal extent.  
These are factors to be considered by the court.  It is not
necessary for all the factors to be present, but it must be clear
that the other parent has abandoned the children.

When you call to talk about adoption, the first thing we will ask
you is whether you have talked to the other parent, and
whether that parent is willing to consent.  

I have talked to the other parent
and they agree, now what?

If the non-custodial parent consents, then the matter is fairly
routine.  We will make an appointment for you to come in and
start the process.  Part of the process involves sending the
other parent a consent form to sign and return, which must be
filed with the petition.

I have talked to the other parent
and they do not agree, now what?

Without the consent of the other parent there must be a trial
to prove that the other parent has abandoned the children.  
This may be fairly complex, with several witnesses.  The
outcome is at the reasonable discretion of the judge.  
Obviously, the latter is much more expensive and time
consuming.

The other parent does not agree, but
has not abandoned the children, can there
be an adoption anyway?

No. If the other parent has not abandoned the children, and
does not consent, then there will be no adoption.

I haven't heard from the other parent for
years, and I don't know where he or she is,
can there still be an adoption?

Maybe.  The other parent must be served, and you will need to
make a reasonable effort to find the other parent.  This means
contacting his or her friends and family to try to locate him or
her, or doing other things that you believe may lead to finding
them.  You will need to sign an affidavit stating what you did
to find them.  You don't need to go to the ends of the Earth,
but your efforts must be sufficient to convince the judge that
you made a reasonable effort.  The judge will then allow us to
use an alternate means of service designed to give the other
parent actual notice.
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Adoption    

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