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Who Can Contest a Step Parent Adoption when a Parent is Deceased

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  • 12-16-2012, 11:08 PM
    VolsFan83
    Who Can Contest a Step Parent Adoption when a Parent is Deceased
    My question involves adoption law for the State of: Tennessee

    My husband passed away a year ago. My step daughter's mother expressed to me that she asked my step daughter if she wanted her step father to adopt her. She is 11. She expressed she did not and her mother just left it at that. I've gotten to see her over the past year about once a month or so and she's spent time with my son, her half brother.

    Recently I found out through my MIL that my step daughter told her about the adoption and that her mom told her "well what if I don't give you a choice". Also, she has restricted access in the past couple of months.

    Two questions.

    In a step parent adoption, does the court take into consideration what the child wants? Also, since her father is deceased, would it even go to the court or just paperwork filing?

    If she does proceed with the adoption, are there any rights given to my husband's family to contest?
  • 12-17-2012, 02:46 AM
    Dogmatique
    Re: Who Can Contest a Step Parent Adoption when a Parent is Deceased
    Your husband's family have no standing to contest a stepparent adoption.

    Unfortunately at 11, the child's consent is not required in TN. Yes, there would have to be a court proceeding (though in this case it would be more of a formality than anything else).

    I'm sorry for your loss :(
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