My sons biological father wanted nothing to do with my son when he found out I was pregnant and refused to help me in anyway. I gave birth and he did not sign the birth certificate. I am the only one on his birth certificate. I am recently engaged and don't know where my sons biological father is. Can my fiancé legally adopt my son who he has been raising and taken responsibility for since birth? We live in California and are trying to find out what we need to do to get the process started.

It is possible. You will need to see an attorney to determine how to terminate the birth father's rights so the child can be adopted by your husband. I'm not familiar with CA laws but where I live, reasonable efforts have to be made to find the father which can include publishing a legal ad. If he doesn't assert his rights, they can be terminated by the court to allow the adoption. The question is what your jurisdiction requires of you to establish the father abandoned the child.

It is possible. You will need to see an attorney to determine how to terminate the birth father's rights so the child can be adopted by your husband. I'm not familiar with CA laws but where I live, reasonable efforts have to be made to find the father which can include publishing a legal ad. If he doesn't assert his rights, they can be terminated by the court to allow the adoption. The question is what your jurisdiction requires of you to establish the father abandoned the child.


He's not the husband. He's the boyfriend/fiance. He cannot adopt the child.

And, yes, attempts have to be made to locate the father, and that includes newspaper ads by Court order.

I would NEVER recommend any adopt a child without being represented by legal counsel. Birth fathers have a way of showing up years later, and if the papers aren't in order there are big problems.

What you "need to get the process started" is an attorney to guide you through the process.