[lmartinez14]

My daughter is 2 and a half years old. She hasnt seen her biological father in over a year. He never bothered to come around. However he was paying child support until February of this year. I have remarried and my husband wants to adopt her. I have no idea where her biological father is he may possibly have returned to Mexico. I know he wouldnt sign his rights away. So how long since he has had no contact or payed child support is it considered abandonment so I can get his rights without consent so my husband may adopt her

[stepadoptionblog]

Consent to Adoption

To better understand this issue and to view it across States, see the Consent to Adoption (PDF - 777 KB) publication.

Who Must Consent to an Adoption
Citation: § 3107.06

• The mother
• The father:
  • If the child was conceived or born while he was married to the mother
  • If he is the adoptive father
  • If he has established paternity
• The putative father
• Any agency or person having permanent custody
• The court having jurisdiction to determine custody

Age When Consent of Adoptee is Considered or Required

Citation: § 3107.06
A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive

When Parental Consent is not Needed
Citation: § 3107.07

• The parent has failed to contact or provide for the child for 1 year.
• The putative father has failed to register with the putative father registry within 30 days of the child’s birth.
• The putative father is not the actual father or has abandoned the child before or after birth.
• The parent has relinquished rights or has had parental rights terminated.
• The father or putative father is convicted of a rape that results in the conception of the child.
• A guardian or custodian withholds consent unreasonably.
• A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.

When Consent Can Be Executed
Citation: § 3107.08(A)
Consent cannot be executed until at least 72 hours after the child's birth.

How Consent Must Be Executed
Citation: § 3107.08
Consent must be executed in the following manner:

• If by the adopted person, in the presence of the court
• If by an agency, before an authorized person
• If by another person, before the court or an authorized person
• If by a court, by an appropriate order

Revocation of Consent
Citation: § 3107.084
A consent is irrevocable except if consent is withdrawn prior to the:

• Entry of the interlocutory order
• Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person

From the Child Welfare Information Gateway

[lmartinez14]

Thank you very much - I have been looking everywhere for this information. In this information it stated has no contact or financial support for a year. So if he was paying child support up until this year but has had no contact with her in over a year - can I get his rights now or do I have to wait for a year from when the child support stopped also.

[momof2girls]

Imartine14,

I live in Ohio and in 1999 I adopted my 2 daughter in a step parent adoption. They require 1 year of no contact and child support both. If they father even shows on a phone bill where he has tried to call that counts as contact. If you have any questions please feel free to contact me. It took 6 months for it to go though but it was worth it.

[lmartinez14]

Thank You very much

[chantela]

hopefully you will be able to do that..but I doubt. if am not wrong,the father himself must sign that he accepts someone else is adopting his child..try to contact a lawyer and ask for precise advice!