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AshleighColman · Nov 9, 2007, 05:29 AM

My boyfriend and me have lived together for a while. I have a little boy from a previous relationship and I am now expecting another baby and my boyfriend wants to adopt my little boy as his own and we don't know where to start. Any information will be gratefully received.

macksmom · Nov 9, 2007, 06:39 AM

Well first off, you would need to check the laws in the area you live before you even start... because most judges won't allow a boyfriend to adopt, it would have to be your spouse and you would have to be married at least a year.

That out of the way, you would need to get consent from the bio-father. The bio-father would have to willingly relinquish his parental rights.

AshleighColman · Nov 9, 2007, 06:43 AM

The law is different in england, you do not have to be married to adopt over here.
Thank you for your advice but I've had some information from an adoption agency

ScottGem · Nov 9, 2007, 06:52 AM

First, whenever asking a question that may have legal issues, it helps to give us a general location since laws differ. It might have helped if you had indicated initially you were in the UK.

However, laws aside, family courts like to look for stability and commitment in adoptive parents. You say you have lived together for "a while" but don't define that. A court may wonder about your commitment to each other if you haven't married.

Another thing for YOU to consider is if you do get the adoption pushed through, if you wind up breaking up with your boyfriend, he could wind up with both kids.

But the bottom line here is you need to contact the local family court and determine the procedure for terminating the bio father's rights and petitioning for your boyfriend to adopt. You may find that a solicitor is needed to prepare the paperwork.

s_cianci · Nov 9, 2007, 06:58 AM

Your boyfriend will need to file a motion to adopt in Family Court. Your little boy's biological father will have to be contacted and be given the opportunity to consent to or contest the adoption. If he cannot be found then you'll have to demonstrate that you've made a good faith attempt to contact him. Then, if the judge approves, which might be questionable since you're not married to the prospective adoptive father, (s)he'll sign the adoption order and it becomes legal.