Paternity and Step-Parent Adoption

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Step-parent adoption is one of the most heartwarming areas of family law. It signifies a family blending together permanently, with a step-parent stepping up to take full legal and financial responsibility for a spouse’s child. However, before a step-parent can adopt, the rights of the biological “other parent” must be addressed.
This is where the concept of paternity becomes a critical legal hurdle. Whether you are the family trying to adopt or the biological father trying to stop an adoption, the outcome hinges on the status of “legal paternity.” These cases are highly technical, and a mistake in the paperwork can delay an adoption for years. This is why retaining an experienced paternity lawyer in Orange County is essential.
The “Presumed” vs. “Alleged” Father Distinction
In adoption law, not all fathers are treated equally.
1. Presumed Father: A man who was married to the mother, or who is named on the birth certificate, or who has received the child into his home and openly held the child out as his own. He has strong rights. To proceed with an adoption, you generally need his consent, or you must prove extreme grounds (like abandonment) to terminate his rights.
2. Alleged Father: A biological father who has not established legal paternity and does not meet the criteria of a presumed father. His rights are much weaker.
If Paternity Was Never Established
If the biological father never signed the birth certificate, never went to court to establish paternity, and has had little contact with the child, the step-parent adoption process is smoother. The court still requires “Notice” to be given to the alleged father. He has a short window (typically 30 days) to file a paternity action to block the adoption. If he fails to act after being served notice, the court can terminate his potential rights simply based on his inaction.
• Strategy: A lawyer ensures that this “Notice of Alleged Paternity” is served correctly so that the adoption cannot be overturned later.
Terminating Rights of a Legal Father
If the biological father is the legal father (paternity is established), the step-parent cannot adopt unless the biological father’s rights are terminated. This happens in two ways:
1. Consent: The biological father agrees to sign a “Consent to Termination of Parental Rights.” Many fathers agree to this because it relieves them of the obligation to pay future child support.
2. Involuntary Termination (Freedom from Custody and Control): If the father refuses to consent, the adopting family must file a petition under California Family Code 7820 (usually citing Abandonment).
o Abandonment: You must prove the father left the child without provision for identification or support for a specific period (usually one year) with the intent to abandon.
The Biological Father’s Defense
If you are a father and you receive notice that your ex-wife’s new husband wants to adopt your child, you are facing the “legal death penalty” of your parental rights. Once rights are terminated, they are gone forever. If you wish to stop the adoption, you must immediately file to establish or re-assert your paternity and visitation rights. Showing that you have maintained contact, paid support (even a small amount), and want a relationship with the child is the strongest defense against an abandonment claim. A paternity lawyer in Orange County can file an objection to the adoption and simultaneously file for a visitation schedule.
The Effect on Child Support
Paternity dictates child support.
• Upon Adoption: Once the adoption is finalized, the biological father’s obligation to pay future child support ends immediately. The step-parent assumes that financial duty.
• Arrears: However, the adoption does not automatically erase past-due child support (arrears). Unless the mother specifically agrees to waive the back pay as part of the deal, the biological father still owes the debt accumulated prior to the adoption.
Why You Need a Lawyer
Step-parent adoptions involve three distinct legal tracks running at once: the adoption request, the termination of parental rights, and often a paternity inquiry. Orange County courts require strict adherence to investigation procedures (usually involving a social worker). Whether you are building a new family and want to secure it legally, or you are a father fighting to keep your title, the complexities of paternity law will dictate the result. Do not leave the future of your family to chance; ensure you have professional representation.

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