Can my husband adopt his non-biological son if he is married to me? 12 Answers as of April 25, 2013

My husband met his son’s mom when she was already pregnant. He has been the dad since the beginning and his son is 5. The biological dad is not in the picture and there is no dad on the birth certificate. My husband is obviously married to me and his son’s mom is getting divorced. Is there anything legally my husband can do to adopt his son? The mom still wants to keep her rights and wants my husband to legally be the dad.

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Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
See an attorney, this is not a normal circumstance but may be possible.
Answer Applies to: Michigan
Replied: 4/25/2013
The Law Office of Cathy R. Cook
The Law Office of Cathy R. Cook | Cathy R. Cook
Your husband would have to be married to the mother to adopt the child. He can agree to be designated the father and have rights through juvenile court if no one else has already be so designated.
Answer Applies to: Ohio
Replied: 12/10/2012
Legal Consulting Group, LLC | Aleksandr Y. Troyb
He should be able to adopt him, especially as the mother seems to support that course of action. Having said that, these types of cases tend to be extremely fact/jurisdiction specific and I would advise you to speak with a local family-law attorney if your husband chooses to proceed.
Answer Applies to: Connecticut
Replied: 12/10/2012
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
If both parties agree, then yes, he can adopt the child and the two of them will with joint parenting of the child.
Answer Applies to: Illinois
Replied: 12/9/2012
Hamblin Law Office | Sally Hamblin
Petition the Probate Court. Provide the facts that biological father has had little or no contact with child, that you never married. You will have to give proper notice to biological father. He can either volunteer to give up rights or the court based on your evidence will terminate his rights. Then adoption phase can be sought. Good luck.
Answer Applies to: Michigan
Replied: 12/9/2012
    John Russo | John Russo
    This is a very confusing question. Your husband met his son's mother when she was already pregnant. So this person is now your husband, he met his son's mother when she was already with child , so obviously the child is not his son. He has been the dad for the past 5 years, but not legally, and is also married to you. The biological father is not in the picture(what ever that means) and there is no one on the birth record. The child's mother is getting a divorce, from who? Talk about a cluster f_ _ k. The best way to handle this is if the real mother and the unreal father agree to place the non-father on the birth certificate as the natural father then there would be no need for an adoption, since he would now be the father. But, if the real mother knows who the real daddy is she must notice him as to this fact, since he may not be aware that he is the father, and if he was he may wish to have a relationship with his child, then again maybe he won't. In the end you have a person that is not the father who would like to be the father if the real father does not want to be the father. Good Luck.
    Answer Applies to: Rhode Island
    Replied: 12/9/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Basically there is nothing he can do if the mother is not willing to totally relinquish her rights in connection with an adoption.
    Answer Applies to: Colorado
    Replied: 12/9/2012
    Victor Varga | Victor Varga
    Well, that's what adoptions are for. To adopt non-biological children. He will need the consent of both bio-logical parents. If the bio-dad isn't in the picture, he'll have to try to locate him to either get his consent, or to serve him with the adoption action.
    Answer Applies to: Maryland
    Replied: 12/7/2012
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    It seems your husband is a presumed father of the child. Have your husband consult an attorney about a parentage action to establish his rights as a father.
    Answer Applies to: California
    Replied: 12/7/2012
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    it may be possible to do this, talk to a family law attorney.
    Answer Applies to: New Jersey
    Replied: 12/7/2012
    Woolley Wilson, LLP
    Woolley Wilson, LLP | William R. Wilson
    Yes, the biological dad will need to be notified and agree.
    Answer Applies to: Texas
    Replied: 12/7/2012
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