How do you start the adoption process? 14 Answers as of July 11, 2013

My ex husband's rights to my four children have been terminated. He signed off on his rights. My current husband wants to adopt my children. How do I start this?

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Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
In Connecticut, adoptions are handled by the probate court. You would begin the process by filing an application to adopt in the probate court that serves your town.
Answer Applies to: Connecticut
Replied: 6/23/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The detailed answer to your question depends on what state you live in because each state has slightly different procedural rules. It isn't totally clear if the biological father's rights have been terminated by court or if you are basing your statement on nothing more than the fact that he "signed off". In either case, the process will begin with your current husband filing a petition to adopt the children (technically, there will be 4 separate cases, all handled together as one by the court). That Petition will be supported either by (a) the court order terminating the father's rights or (b) written consent from the bio-father. In Colorado, the courts in each county have unique local procedures controlling how the case is processed once the Petition is filed.
Answer Applies to: Colorado
Replied: 6/21/2011
Pontrello Law
Pontrello Law | William Pontrello
Most clerks of probate court have self help forms. best to consult a local probate lawyer.
Answer Applies to: Florida
Replied: 6/21/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The adoption process can be somewhat complicated. You should contact an adoption lawyer such as Mark Demaray of Edmonds, Washington to guide you through the process.
Answer Applies to: Washington
Replied: 7/11/2013
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
How you do it is going to vary from state to state. To start off, in Washington, your spouse would need to file a petition for adoption and have the court appoint a guardian ad litem to do a post-placement investigation.
Answer Applies to: Washington
Replied: 6/21/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Adoption is one of the nicest things we do in the probate court. The final decree is typically a funny hearing the judge gets involved. But the process should not be taken upon without legal assistance. Contact your local domestic relations attorney for further information.
    Answer Applies to: Ohio
    Replied: 6/21/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    You should go ahead and retain a divorce/family law attorney to prepare a petition and the related court documents. Your lawyer will explain each step of the process to you! Good luck!
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Apply in your local Probate Court.
    Answer Applies to: Connecticut
    Replied: 6/21/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    The adoption process is to be done by your husband, who should file an adoption case with the Court. He would best retain a knowledgeable adoption attorney to represent him. The social worker who performs the adoption investigation will seek your ex-husband's written consent to the adoption. Hopefully, your ex-husband will cooperate by signing the consent form provided to him by the social worker. The prior "termination" or "signing off" of your husband's rights (whatever that was) won't be sufficient for purposes of an adoption, unless his parental rights had been terminated by a Courtof competent jurisdiction.
    Answer Applies to: California
    Replied: 6/21/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You need to file a Petition for Adoption by a Step Parent. It can be a slightly complicated process, even with the father's consent, and his right need to have been properly terminated and/or his consent properly given. A piece of paper that he has signed stating that this is what he wants to do will not suffice. You should probably consult with an experienced family law attorney to assist you in the process in order to ensure that the necessary procedures are followed and necessary paperwork filed. My office offers free initial telephone consultations if you would like to discuss this matter in more detail, as well as explore the potential rights and options available. If you would like to coordinate a free initial telephone consultation, please contact my office to schedule same.
    Answer Applies to: Florida
    Replied: 6/21/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A Step parent adoption is a fairly simple procedure but begins by filing a Petition for a direct placement step parent adoption. A home study may be required or waived as part of the process.
    Answer Applies to: Minnesota
    Replied: 6/21/2011
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