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Generally, the biological father must be notified in order to proceed with an adoption.
However, as and for motivation for the biological Father to voluntarily terminate his rights and agree to the adoption, you can sue him for the child support he should have been paying all along. Many times, this financial burden can be enough to sway his decision to agree to the adoption.
Also, because you stated that you do not know where he lives and have no idea how to contact him, the Court may agree to terminate his rights anyway. Essentially, you would show to the Court that you made significant efforts to track down the biological father but the attempts have been unsuccessful. Additionally, you would prove to the Court (through your testimony) that the biological Father has made no effort to be part of the child's life and has essentially "abandoned" the child. If the Court is satisfied with your efforts to locate and notify the biological father and agrees that the child has been "abandoned", the Court may allow the Adoption by your current Husband to proceed.
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What about my daughter? How hard is it to terminate rights if he refuses to agree to the adoption? Her father doesn't have any contact with her by his choice. My children do not have the same father.
Thank you for your answers. One more question please. I moved to Alabama in August 2012. My daughter's father is in still in Illinois and I believe my son's father is as well. Do I file here to prove abandonment and they'd have to come here to contest anything or do I have to go to Illinois?
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