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    jenlovesdan's Avatar
    jenlovesdan Posts: 2, Reputation: 1
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    #1

    Oct 18, 2011, 01:16 PM
    Can my children be adopted by my husband that is deceased!
    I was trying to find out if my children can still be adopted some how by my husband that died a little over two yrs ago, He was a wonderful Father and both my kids and my husband wanted this to happen but he died suddenly, Their biological Father is abusive and has no rights to them at all. Please help me, Thank you so much!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Oct 18, 2011, 01:30 PM
    No child can be adopted without the written consent of both natural parents.

    And, no, a deceased person cannot adopt or a lot of people would have deceased spouses adopt and proceed to collect SS and other benefits.

    The people adopting need to sign the Petition - a deceased person, obviously, cannot sign.

    I'm sorry for your loss - two years is a brief time when you are mourning.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Oct 18, 2011, 02:18 PM
    Quote Originally Posted by JudyKayTee View Post
    ... a deceased person, obviously, cannot sign. ...
    Or do much of anything else.

    If OP's children wish to honor their late step-father's memory, they could consider changing their last name to his. They might still need their biological father's permission if they are minors, but that is at least in the bounds of possibility
    jenlovesdan's Avatar
    jenlovesdan Posts: 2, Reputation: 1
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    #4

    Oct 18, 2011, 05:19 PM
    That is what I thought as well and I also want to say it has Nothing to do with trying to collect SSA, I don't care about Money, What I care about is my children hurting from our loss and not being able to have it on paper that my husband is there dad. They are ages 15 and 13, My husband died suddenly 18 days after we had our baby boy. It is very hard, But Thank you so much for all your help, God Bless you all!

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