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

    Jan 14, 2008, 03:19 AM
    How do I go about my fiancé adopting my daughter
    Hello there I was wondering if anyone could give me some info on how my fiancé can adopt my daughter
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
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    #2

    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's Avatar
    ElaineD Posts: 6, Reputation: 1
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    #3

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    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's Avatar
    carolinakelly Posts: 9, Reputation: 2
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    #5

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 20, 2008, 01:06 PM
    Quote Originally Posted by carolinakelly
    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's Avatar
    ElaineD Posts: 6, Reputation: 1
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    #7

    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's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Feb 1, 2008, 08:24 AM
    Quote Originally Posted by ElaineD
    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.

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