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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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My sons sperm donor has not seen or been in touch for 15 months.

Customer Question

My son's sperm donor has not seen or been in touch for 15 months. We were not married ! My Fiancee wants to adopt him. He has raised him since he was 5 mo's old. What do we need to do to get Biological to sign over his rights. He abonded this child. No child support and has not asked to see him
Submitted: 6 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 6 years ago.
The biological father would have to voluntarily terminate his parental right so that your fiancee can adopt the child. Unfortunately, you can not force the biological father to terminate his rights. However, a selling point is if you tell the biological father that he will be released from child support obligations it may help convince him to terminate his parental rights.
Customer: replied 6 years ago.

I thought could run some kind of ad in the paper ?

Expert:  Daniel Solutions replied 6 years ago.

Unfortunately funning an ad is not sufficient. In North Carolina a mother can file a petition to terminate the parental rights of a father. She has to convince the court of two facts: 1) the father has done something to the child (for example, child abuse), or has not fulfilled his responsibilities to the child (for example, failed to pay child support). The General Statutes (NC laws) list 10 specific reasons the court can terminate parental rights, and you must convince the court with clear and convincing evidence that your daughter's father falls into one or more of these 10 categories.

Here are a few of the 10 reasons that might fit in your circumstances: 1) parent has abused or neglected the juvenile; 2) one parent has been awarded physical custody (by a court) and the other has willfully failed without justification to pay child support; 3) the parent is incapable of providing proper care and supervision because of substance abuse or mental illness, and there is reasonable probability that this incapacity will continue for the foreseeable future; 4) the same parent has had parental rights terminated for a different juvenile, and he still will not establish a safe home environment.

If you are able to convince the court that your daughter's father falls into one of the 10 categories above, the court may conclude that it has the legal power to terminate his parental rights. But first you must convince the court of a second fact: 2) that terminating the parental rights of your daughter's father is in her best interests. There are no hard and fast rules for determining "best interests."

 

Also, the court will likely consider whether your daughter's life will be more consistent, safe, happy and/or successful if her father's rights are terminated. The laws of NC encourage the court not to terminate parental rights unless the child will clearly be better off without the parent.