Terminate parental rights of an unknown father
If you do not know who the biological father of the child is, you must ask the court to terminate the rights of an unknown father before moving forward with the adoption request.
Before you start
Make sure you have completed your Declaration of Mother. The Declaration will be filed at the same time as either your:
- Application and Order to Dispense with Further Notice of Adoption Planning
- Petition to Terminate Parental Rights
You will attach the Declaration in support of your petition to terminate parental rights.
Ask the court to dispense with notice or terminate parental rights
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Complete a petition to terminate parental rights
- Complete a Petition to Terminate Parental Rights of an Unknown Father
- Attach a certified copy of the child/youth’s birth certificate. Identify the birth certificate as an Exhibit.
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Complete the Proposed Order to Terminate Parental Rights of Unknown Father
- Also write a cover letter explaining your situation and include a self-addressed stamped envelope for the court.
- Make 2 copies of all your forms and attachments
- Send your Declaration to the Court at the same time you file the Petition to terminate parental rights.
⚠️ These documents are not court forms that you fill out. You must create a pleading document, which is information in a specific legal format.
💬 You may be able to get a template or sample of these documents from your local law library or your court's self-help center. Then, you can input information about your case in the template. The court's self-help center may also be able to review your paperwork.
- Complete a Petition to Terminate Parental Rights of an Unknown Father
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File your forms with the court
- Check with your local self-help center or with the Clerk of the Court to determine their local rules around filing the petition and lodging the order.
- Some courts require online filing (called e-filing). You can find out if your court requires online filing by visiting your court’s website or by contacting your self-help center..
- You can also go to the courthouse in your county and give your forms, attachments, and self-addressed stamped envelope to the clerk.
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Wait for the stepparent investigator to file a report
The court will assign an investigator (unless you have provided your own investigator) to review your documents, run a missing person's search using the birth certificate, and conduct an interview with the mother and proposed stepparent. The goal is to determine if there is any other possible way to identify and provide notice to the alleged father.
The investigator files a report with the court with a recommendation. If they recommend terminating parental rights, the court may sign the order without a hearing.
Stepparent adoption
What's next?
If the investigator recommends terminating parental rights and the judge signs the Order, you can move ahead and begin the preparation and filing of the adoption request. If the investigator identifies the alleged father, you’ll need to inform him about the process and see how he responds to your request.