- 1 Q: Can my new husband adopt my child from another marriage?
- 2 Q: How long do I have to wait after being remarried to adopt stepchildren?
- 3 Q: How do we adopt a child that we have full permanent legal and physical custody of and have raised them?
- 4 Q: What do I need to do for my boyfriend to adopt my children if the biological father is deceased?
- 5 Q: What are my options for adoption when the child’s biological father doesn’t want to give up paternity, but is not involved in the child’s life?
Step-parent adoptions are among the most common, and there are lots of questions around circumstances and laws. Here are some of the most common questions we get about step-parent adoptions, and some insight into the process.
Q: Can my new husband adopt my child from another marriage?
A: Yes, your husband can adopt your child. You need to address the rights of the presumed father identified on the birth certificate, as well as the rights of the biological father. You have three options.
- Obtain the father’s consent;
- File a stepparent petition and serve the father with notice of the petition. If the father fails to object, proceed without him; or
- If he objects, file a petition for termination of parental rights, if grounds exist.
You should consult an experienced lawyer about your options before proceeding.
Q: How long do I have to wait after being remarried to adopt stepchildren?
A: Once you have been married for six months, your spouse can file a petition to adopt as a stepparent. The father is entitled to notice. You will likely need the assistance of an experienced attorney to search the public records and attempt to deliver a notice to the father.
If you have a cell phone number, that maybe a starting point. If efforts to obtain an address are unproductive or attempts at service fail, or there is no address for him, then it may be possible to serve him by publishing a notice in the newspaper.
Q: How do we adopt a child that we have full permanent legal and physical custody of and have raised them?
A: Can you just petition for adoption? Maybe.
Can you ask the biological parents to just “ok” the adoption and move forward? Yes.
Can you terminate their parental rights? If the parents object to the adoption, you have to file a separate proceeding to terminate their parental rights. If you expect them to object, you can filed both at the same time.
Are biological parents entitled to court-appointed counsel? In the adoption, no. In the termination, yes.
Parental rights are fundamental and are protected under the Constitution. The parents will receive appointed counsel. You must follow the procedural steps exactly. You have the burden of proof. You should not attempt to involuntarily terminate their parental rights without representation by an attorney with experience in family law, juvenile law, or adoptions.
Q: What do I need to do for my boyfriend to adopt my children if the biological father is deceased?
A: Once you have been married for six months, your spouse can file a petition to adopt as a stepparent. You will need a death certificate for the father.
Q: What are my options for adoption when the child’s biological father doesn’t want to give up paternity, but is not involved in the child’s life?
A: You have three options.
- Obtain the father’s consent;
- File a stepparent petition and serve the father with notice of the petition. If the father fails to object, proceed without him; or
- File a petition for termination of parental rights, if grounds exist.
Under proper circumstances, a court may terminate his parental rights based upon his failure to have ever established a parent-child relationship or his having abandoned an existing relationship for six months or more. You should consult an experienced lawyer about your options before proceeding. You will probably need the assistance of a lawyer to succeed.