[mariav2510]

Houston, Texas

Can my boyfriend adopt my daughter? Her real father is not in the picture and is not on the birth certificate. My daughter has her real fathers last name but like I said he is not on the birth certificate or on any paper work. How would I go about my boyfriend adopting her and giving her his last name? & would there be any issues concerning her real dad.. he is currently in jail..

[ScottGem]

First its is not a good idea to piggyback your question on another thread. To avoid confusion I've moved your question to its own thread.

Second, Any question on law needs your general location as laws vary by area.

In general, you have to be married for a period to allow a partner to adopt. However, some places do have laws that allow adoption for unmarried partners. On the other hand, even those areas where the law allows it, the courts may not grant it, because they want to see a commitment represented by marriage before they change parents.

The fact that the bio father is not on the birth certificate actually complicates matters. The court will require that the bio father be identified and contacted for permission to allow the adoption. However, if he refuses permission, the fact that he is in jail and hasn't been a part of your child's life may allow the courts to overrule his objection.

Bottom line is you really need an attorney to process the petition for adoption so you know what is required in terms of your relationship with your boyfriend and with getting the bio father's permission.