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View Full Version : How do I go about my fianc? Adopting my daughter


podsmum
Jan 14, 2008, 03:19 AM
Hello there I was wondering if anyone could give me some info on how my fiancé can adopt my daughter

shygrneyzs
Jan 14, 2008, 04:34 AM
Once you and your fiancé are married, the adoption can proceed - providing the absent biological parents rights are terminated - unless that person is deceased (then the legal process of terminating rights is not an issue). You may still need to show proof of death of that parent.

ElaineD
Jan 14, 2008, 09:38 AM
Actually was going through this with my son, the easiest cheapest way is to take away the biological father's rights , while you are in front of the judge you will need another man to step to the plate and sign to be your child's father(which is where your fiance' would come in)If there is no named father on the birth certificate, then it's that much easier, you just file for adoption through an attorney... hope this helps, and good luck

ScottGem
Jan 14, 2008, 09:55 AM
A petition is filed in Family Court to change the legal parentage. The current legal father will have to relinquish his rights or you would have had to make a good faith effort to contact him. It would be best to wait util you are married and then get an aty to file for you.

carolinakelly
Jan 20, 2008, 12:57 PM
If the biological parent has been absent for more than 3 years, and you can prove this... such as no visits, gifts, monetary supplements or verbal contact... then the rights can be terminated w/out a signature. It is easier to continue with the adoption after you have married as the courts are not likely to throw the child from "frying pan to fire";)

ScottGem
Jan 20, 2008, 01:06 PM
if the biological parent has been absent for more than 3 years, and you can prove this...such as no visits, gifts, monetary supplements or verbal contact...then the rights can be terminated w/out a signature.

This actually varies by jurisdiction. Some jurisdictions are more liberal than others. What most courts look for is that you make a good faith effort to find the biological parent so they can relinquish their rights. What constitutes a good faith effort will also vary by jurisdiction.

P.S. to Caroline, The OP mentioned nothing about whether the bio parent is involved in the child's life or not. So your answer was making assumptions that may not be the case.

ElaineD
Feb 1, 2008, 07:16 AM
Hey I contacted an atty for my son, he told me that unless we are married , it would be very difficult, because not only would his father have to give up his rights , so would I... it would be like an adoption totally, were then only my boyfriend would be my son's parent because he would have the father's rights and mine... after were married it would be an inter-family adoption were I keep my rights and he takes over the fathers' rights... and the biological father has to agree either way you do this are it can get very costly.

ScottGem
Feb 1, 2008, 08:24 AM
hey I contacted an atty for my son, he told me that unless we are married , it would be very difficult, because not only would his father have to give up his rights , so would I .....

Interesting point, but it makes sense. That's why I always advise that one waits until they get married and then do a step parent adoption.