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View Full Version : What would the process be for my fiancé adopt my daughter


bpdkmama
Nov 21, 2012, 06:37 AM
My fiancé wants to adopt my daughter after we are married but our biggest question is how it will go my daughter is almost 8years old and her biological father claims not to be and has refused testing and ignored subpoenas. From the court for the testing my fiancé and I are unsure of the process. For him to adopt with no one on her birth certificate an her father refusing to test for the last 8years any insight into this will be great and thank you in advance

Fr_Chuck
Nov 21, 2012, 06:54 AM
You will need an attorney,

1. why has the possible father not been arrested for contempt of court for not following court orders ?

But
Get married, be married for about one year. Hire an attorney, make application, attempt to get bio father to sign over his rights for adoption. If not prove in court his refusal to provide any information.

But basically you should have won child support if he failed to answer by default, what has your attorney had to say/

AK lawyer
Nov 21, 2012, 10:21 AM
Some jurisdictions require that the mother have been married to the adoptive father for a year; others don't require the year.

You need to allege who the biological father is and make a reasonable effort to give him notice. I don't know of any jurisdiction which requires a paternity test under these circumstances; but there may be.

If he has ignored subpoenas (concerning child support, I assume), you apply to the court for an order for him to comply. If he fails to comply with such an order, he can be held in contempt.

ScottGem
Nov 21, 2012, 11:56 AM
I would not recommend doing a step parent/partner adoption without an attorney. So start shopping around for one now. The attorney will explain the whole process to you.

But in effect, the court will require that he be tested to confirm paternity. If he refuses, the court may just decide to terminate his rights, thereby clearing the way for the adoption. But the termination has to be done in conjunction with the adoption.