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Debra, Lawyer
Category: Canada Law
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Experience:  Lawyer
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My husband wants to adopt my daughter. I have a parenting

Customer Question

My husband wants to adopt my daughter. I have a parenting order granting me all power, responsibilities, decision making and entitlements regarding my daughter, would I still have to get her biological fathers consent for the adoption? She hasn't seen hi or talked to him since she was 1 and he has never paid any money nor have I requested for support. He also lives a country away and is in and out of jail in California so very hard to track down.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

If you cannot get the consent of the father it may be possible to get a court order dispensing with the father's consent. That would mean that the court would say that you can go ahead with the adoption without the consent of the father. This order can be granted if you can show that serving the father with the application for adoption would not likely be possible or if asking the father for his consent would not be in the child's best interest. Given your facts, it is likely the case the court would agree to dispense with the need for the father's consent.

Does that help as a starting point?

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