Can my husband adopt my son if we are legal residents? 9 Answers as of January 16, 2012

You will need to comply with the adoption laws of the state where you reside. Biological fathers have rights in all states regardless of whether you were married to him so his parental rights will have to be terminated in order for your current spouse to adopt. Similarly he can also be held responsible for child support even if not married to you unless the child is adopted by your current spouse. You will need a family law attorney in the state where you are located but may want to reach out to the boy's father to see what he wants to do.

You husband may adopt your son but please ensure that you proceed with adoption through legal requirements based on the State laws and/or international laws if your son is living outside the U.S. I strongly recommend that you consult with both, adoption and an immigration attorney.

Yes, but you will need to comply with the adoption requirements of the state in which you reside.

Your husband can adopt your son. Your immigration status does not have any bearing on your husband's ability to adopt your son.

Yes, it should be possible for your current husband to qualify for a step-parent adoption (assuming there's nothing in his background which would suggest that he might be unfit to parent the boy). Best to arrange for a consultation with a local attorney who handles Virginia adoptions and who can further advise you on this matter.

Adoption is a matter of state law, not immigration law. Unwed fathers have the same parental rights as married fathers. A stepfather cannot adopt a child unless the father's rights have been terminated. This termination of the father's rights can be by the father's agreement or by court order. You need to consult a family law attorney.

Yes, he can adopt the child.

Your husband may be able to adopt your son. However, this question is best posed to an attorney who specializes in family law in the state where you live. This attorney can better explain the requirements and procedure.

Yes. He can adopt your child.