Prepare and file an Application and Order

These sample documents include the language you’ll need to use. Pick the sample that applies to your situation. Draft the document and include your specific information.

When you have created this document, you’ll make two copies of it.

You will attach the original Consent, Waiver, Denial, or Notice of Alleged Paternity with proof of service (or Domestic Certified Mail Receipt if the alleged father lives out of state and was served by Certified Mail, Return Receipt Requested).

If the alleged father's identity or whereabouts are unknown, you'll attach your Declaration and a birth certificate.

If this Application and Order is being filed prior to the Adoption Request, you should create a cover letter asking the Court to order, without a hearing, that no further notice is necessary to this alleged father or any other possible father.

Check with your Self-Help Center to see whether your court allows you to file the Application and Order prior to filing your Adoption Request.

Bring your documents to the courthouse for filing or file electronically if your county requires electronic filings. You can find out if your court requires online filing by visiting your court’s website or Self-Help Center.

If you have filed a Notice of Alleged Paternity or if the alleged father's identify or whereabouts are unknown, the court will assign an investigator (unless you have provided your own investigator). The investigator will review your request for an application to dispense with notice and conduct an interview with the mother and proposed stepparent. The goal is to determine if there is any other possible way to locate and provide notice to the alleged father.  

The investigator will file a report with the court with a recommendation. If their recommendation is to terminate parental rights, the court may sign the order without a hearing. They will then forward the signed and filed order to you.