PDA

View Full Version : Legal Effects of Step-Parent Adoption in Virginia Virginia


ConfusedinVA2004
07-23-2007, 08:17 AM
My husband is adopting my daughter and the biological father is consenting to the adoption having had little contact with her since she was born. I was under the impression (and based on my reading of VA statutes) that the effect of the step-parent adoption was to transfer parental rights and responsibilities to the adoptive father. Isn't the consent of the biological father for the adoption a way to voluntarily terminate parental rights? According to my attorney, that is not the case, that there exists some amendment to this rule and that the biological father can still seek visitation and I can still seek child support (beyond the arrears) after the adoption is finalized. I have not been able to locate the amendment and can not reach my attorney, but EVERY Virginia legal site I have found says that the biological father gives up his rights and responsibilities when he consents to the adoption. Does anyone know what the REAL STORY is? What would be the point to an adoption if the state would be recognizing two legal fathers?
Thanks for your help!!

MomofBoys
07-23-2007, 08:29 AM
Get a new attorney.

The only way the biological father can seek anything is if he can prove that the voluntary termination of his rights was made under duress.

ConfusedinVA2004
07-23-2007, 08:30 AM
That's what I thought too. I'm still searching for this apparent Amendment!!

mommyof4
07-23-2007, 09:04 AM
It's not worth seaching for. Get a new atty. Adoption terminates the biological parental rights. The bio parent becomes a legal stranger to the child, thus having niether rights nor responsibility to the child. Good luck.:)

mom26
07-25-2007, 08:35 AM
Yes get another attorney. Once Bio dads rights are terminated!!!!!! He has no say in anything. NOTHING......Bio dad does not pay no support no nothing!!!!! The child is now in the hands of step dad and he is respnosible for her now

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements