After reading through other threads on stepparent adoption and Washington state laws etc., I am still confused about my situation.
My daughter was born in Washington in 1996. Her biological father was transient and in trouble. I suggested that if he could not take responsibility for his problems and be more of a help than a hindrance it would be best if I raised the child on my own. He agreed and split. He contacted me once early on and offered to help financially, then apparently went to jail, became a fugitive and I never heard from him again.
Because I received state aid for a time, the state of course attempted to pursue paternity/enforce support. I gave them his name as a "potential" father and what little info I knew about him. Support enforcement was unable to locate, so after 3 years the case was closed.
Meanwhile I moved on, and the man I have been married to wants to adopt my oldest daughter (the only dad she's ever known. In a nutshell: biodad has been missing for ten years, with no contact or support. He has never been legally established as her father as far as I understand. My husband wants to assume legal responsibility for the child he loves and has financially and emotionally supported all these years. (He is understandibly bitter about the possibility of having to make any kind of attempts to contact the missing biological father.) I don't think biodad would give us any problems but doubt that we could locate him (he rides freight trains and lives in abandoned buildings, uses fake names etc.)
We talked to a paralegal service who assured us the process of stepparent adoption was relatively easy. The forms they sent asked for "natural father information" and my husband thought I should say "unknown". I was unsure, since at one point the state had (unsuccessfully) pursued the (potential) bio-father for support. Not wanting to get hung up on any details, I called and asked the paralegal service and they said I should double check what the status on paternity was. I did, and found from Support Enforcement that the case had been closed - unable to locate. No records on file at county supreme court. But the paralegal didn't really sound to me like he was totally sure on this situation what should be done.
So before I assume I can just state: "unknown" under natural father, I dug around some more.
I read this:
What I want to know is what exactly does "any alleged father" refer to? Does this include any potential fathers whose paternity is not legally established?
Also...
I need clarification of this part:
So...
If the bio father was never established as a legal father, is it true I cannot have his paternal rights terminated (for abandonment etc.)?
Then my question is, if I cannot locate him, establish paternity, get him to give up his parental rights or whatever... where do we stand with the adoption? Can parental rights be terminated for someone who has never been established as a parent? Or would they need to be? What exactly then is the legal status of my daughter's paternity all these years?
Or do I need to worry about that at all - is it as simple as writing "unknown" on the documents provided by the paralegal service? Then I understand they post a notice in the paper or something? Can anyone clarify this for me?
I admit I am confused so apologies if this post is totally confusing!
We just want to "do it right"
Thanks!
My daughter was born in Washington in 1996. Her biological father was transient and in trouble. I suggested that if he could not take responsibility for his problems and be more of a help than a hindrance it would be best if I raised the child on my own. He agreed and split. He contacted me once early on and offered to help financially, then apparently went to jail, became a fugitive and I never heard from him again.
Because I received state aid for a time, the state of course attempted to pursue paternity/enforce support. I gave them his name as a "potential" father and what little info I knew about him. Support enforcement was unable to locate, so after 3 years the case was closed.
Meanwhile I moved on, and the man I have been married to wants to adopt my oldest daughter (the only dad she's ever known. In a nutshell: biodad has been missing for ten years, with no contact or support. He has never been legally established as her father as far as I understand. My husband wants to assume legal responsibility for the child he loves and has financially and emotionally supported all these years. (He is understandibly bitter about the possibility of having to make any kind of attempts to contact the missing biological father.) I don't think biodad would give us any problems but doubt that we could locate him (he rides freight trains and lives in abandoned buildings, uses fake names etc.)
We talked to a paralegal service who assured us the process of stepparent adoption was relatively easy. The forms they sent asked for "natural father information" and my husband thought I should say "unknown". I was unsure, since at one point the state had (unsuccessfully) pursued the (potential) bio-father for support. Not wanting to get hung up on any details, I called and asked the paralegal service and they said I should double check what the status on paternity was. I did, and found from Support Enforcement that the case had been closed - unable to locate. No records on file at county supreme court. But the paralegal didn't really sound to me like he was totally sure on this situation what should be done.
So before I assume I can just state: "unknown" under natural father, I dug around some more.
I read this:
Who Must Consent to an Adoption
Citation: §§ 26.33.080; 26.33.160
The parents and any alleged father
The agency or department to which the child has been relinquished
The legal guardian
Citation: §§ 26.33.080; 26.33.160
The parents and any alleged father
The agency or department to which the child has been relinquished
The legal guardian
What I want to know is what exactly does "any alleged father" refer to? Does this include any potential fathers whose paternity is not legally established?
Also...
I need clarification of this part:
When Parental Consent is not Needed
Statute: § 26.33.120
A parent's rights have been terminated in the child's best interest and due to failure to perform parental duties.
Statute: § 26.33.120
A parent's rights have been terminated in the child's best interest and due to failure to perform parental duties.
So...
If the bio father was never established as a legal father, is it true I cannot have his paternal rights terminated (for abandonment etc.)?
Then my question is, if I cannot locate him, establish paternity, get him to give up his parental rights or whatever... where do we stand with the adoption? Can parental rights be terminated for someone who has never been established as a parent? Or would they need to be? What exactly then is the legal status of my daughter's paternity all these years?
Or do I need to worry about that at all - is it as simple as writing "unknown" on the documents provided by the paralegal service? Then I understand they post a notice in the paper or something? Can anyone clarify this for me?

I admit I am confused so apologies if this post is totally confusing!
We just want to "do it right"

Thanks!
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