How Can My New Husband Adopt My Child if the Father Won't Consent?
Full Question:
Answer:
Yes, a parent has parental rights until they are relinquished or terminated, despite non-payment of support, lack of visitation, etc. In Illinois, an unfit parent is defined, among other terms, as one who abandons a child by “Failure to maintain a reasonable degree of interest, concern or responsibility as to the child's welfare.” A finding of unfitness may lead to termination of parental rights.
Termination of parental rights will typically end the obligation for child support at that point, but not erase liability for past due support. Often, relinquishment of parental rights will not be allowed if done for the purpose of avoiding child support payments.
Please see the following IL statutes, which explain that consent from an unfit parent is not required for adoption.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2098&ChapAct=750%26nbsp%3BILCS%26nbsp%3B50%2F&ChapterID=59&ChapterName=FAMILIES&ActName=Adoption+Act%2E
