How can my fiance adopt my child? 13 Answers as of November 01, 2013

My fiance and I are getting married in February 2014 and he wants to adopt my child. Her biological father pays child support but has nothing else to do with her. He has agreed to sign over rights and I was wondering do I have my fiance sign the birth certificate and be done with it or do I have to have the biological dad sign legal documents relinquishing his right due to the fact he isn't on the birth certificate but had a DNA test done? The biological dad and I live in different states.

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Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Yes you need to have him sign a legal document called a Surrender of Parental Rights. The he will not have to pay child support going forward.
Answer Applies to: Georgia
Replied: 11/1/2013
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Once you are married your new husband can file a petition for adoption. Part of the process will involve terminating the parental rights of the bio father. If he either agrees or the court orders it, and your husband meets the criteria for adopting, when the adoption is finalized a new birth certificate with his name on it will be issued.
Answer Applies to: Washington
Replied: 11/1/2013
Pingelton Law Firm | Dan Pingelton
You can do that, but you?ll need to hire an attorney.
Answer Applies to: Missouri
Replied: 11/1/2013
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Your fiance would need to file and proceed with a case to adopt your child.
Answer Applies to: California
Replied: 11/1/2013
Oscar E. Toscano | Oscar E. Toscano
Your fiancee will have to file a petition to adopt the child through the courts. During the petition, the biological father has to be notified and he will have an opportunity to consent or object. You must get a lawyer for this one.
Answer Applies to: California
Replied: 11/1/2013
    John Russo | John Russo
    You have to have the biological father's rights terminated, as well as having a contemporaneous petition for adoption filed by your new spouse, both have to be accomplished through the family court, i.e. NO NOTARIZED LETTERS.
    Answer Applies to: Rhode Island
    Replied: 11/1/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You have to go to court for the termination and adoption; there is no other way to do it. Contact a local attorney to help you.
    Answer Applies to: Idaho
    Replied: 11/1/2013
    Abel & Zocolo Co., LPA | Jack W. Abel
    There is a process known as step-parent adoption. Generally consent is required by the child's father, but consent can be inferred if child support is not being paid or there has been no?visitation for a substantial period of time.
    Answer Applies to: Ohio
    Replied: 11/1/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    In New Jersey, I know for certain that you can do this. What will happen in your situation depends on the law of the State you live in. Before you do anything, talk to a divorce lawyer. And do that soon.
    Answer Applies to: New Jersey
    Replied: 11/1/2013
    The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
    In Arizona you will have to be married to your fiancee before he would be allowed to adopt. I see no way for you to have the birth certificate changed to indicate that your fiancee is the father, since there must already be a determination that the biological father is the father, or no child support order would have been entered. You should consult with an experienced adoption attorney in your area, who can assist you with preparation of the consent to adoption, which the biological father appears to be willing to sign. You should also be prepared for the requirement that a home study must be performed for an adoption to take place in Arizona.
    Answer Applies to: Arizona
    Replied: 11/1/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You need to properly petition the court to terminate the bio dads parental rights as well as proceed with a step parent adoption.
    Answer Applies to: California
    Replied: 11/1/2013
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