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    dcruz's Avatar
    dcruz Posts: 1, Reputation: 1
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    #1

    Apr 2, 2009, 11:57 AM
    Procedure for second parent adoption
    My partner and I have been together for 10 years - She was inseminated and we now have a 21 month old baby - what is the procedure if I want to fine for second parent adoption with consent.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Apr 2, 2009, 11:59 AM

    I would suggest consulting an attorney. I am assuming you are a same sex couple so this could get complicated depending on local laws. You will need an attorney to draw up the adoption anyway.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Apr 2, 2009, 01:46 PM

    To echo what Scott said - I've read the adoption laws of about half the states and some of them flat out say that if the second parent is not the legal spouse (i.e. step parent) the adoption cannot proceed.

    You might need to break new legal ground, depending on where you live.

    I wish you the best of luck. Parents (and marriages) are about who you love, not who you are.
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #4

    Apr 2, 2009, 04:49 PM

    I have the feeling you are in California so I'll base this answer on that assumption (you should indicate where you live for the best answer). If elsewhere, check with local counsel.


    Second parent adoption is an emerging (and interesting) area of law in California. I've really not done many adoptions but here's what I can tell you.

    Typically you need to be a step-parent (so far, same-sex married couple is okay, we'll have to see how the Cal. Supreme Court rules on the marriage cases) or in an RDP (Registered Domestic Partnership). If neither apply, you still might be able to do it. You have to use the same mandatory forms (start with ADOPT-200, and there are many more) and go from there. The same procedure would apply as in a step-parent adoption to my knowledge.

    As a gay lawyer myself I have a keen interest in GLBT rights; unfortunately, I just haven't had enough cases involving adoptions. Start with the mandatory forms and the information package you can get from the courthouse. Naturally, you might wish to consult someone experienced in GLBT -oriented family law.
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