My step child's biological father is in prison and has no parental rights. Do I need his permission to claim the children on my taxes?

[Marketstar · Accepted solution]

You may be able to claim your step child as a Qualifying Child dependent if:

• The child must be related to you. The child can be your son, daughter, stepchild, eligible foster child, brother, sister, half-brother, half-sister, stepbrother, stepsister, adopted child or an offspring of any of them.
• Your child must be under age 19 or, if a full-time student, under age 24. There is no age limit if your child is permanently and totally disabled.
• Your child must live with you for more than half the year, but several exceptions apply (ie. away at school).
• The child cannot provide more than half of his/her support.
• You must be the only person claiming the child
• The child must be a US citizen, resident alien, national, or resident of Mexico or Canada.
• The child cannot file a joint return with his or her spouse.

See Rules For Claiming Dependents

If you are eligible per the above to claim your stepchild, you do not need anyone's permission to claim him/her.