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Yes — and incarceration actually supports your case. If the biological father is serving a long sentence and hasn't maintained meaningful contact with the child, you have strong grounds for adoption based on abandonment.
Key factors:
- Has he written letters to the child? Made phone calls? Sent cards?
- Has he maintained any relationship during incarceration?
- How long has he been incarcerated vs. how long since last contact with the child?
If he's had no contact: This supports an abandonment finding regardless of the reason for no contact. Being in prison doesn't excuse abandonment.
Service of process: He can be served with adoption papers at his correctional facility. The sheriff or process server delivers documents to the prison.
If he responds and contests: This is uncommon from inmates, but if it happens, the court weighs the child's best interests. Long-term incarceration, especially for serious crimes, is a factor courts consider.
We've handled many cases involving incarcerated parents over our 25+ years. Our document preparation fee is $349. Call (855) 924-0450 to discuss your situation.
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