If my husband wants to become my daughters legally adoptive father, what do we need to do? 10 Answers as of July 09, 2015

My husband wants to adopt my daughter as his own, but we do not know how we can do this. My daughters birth father has not been at all present for her whole 12 years of life. My husband is the only father she knows, and we want to start this process soon. He has essentially raised her with me.

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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, it is a step parent adoption and if the bio Dad has cont had contact with her or supported her his rights can be terminated.
Answer Applies to: Georgia
Replied: 7/9/2015
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
Retain a lawyer and start the second parent adoption process. The bio father will either voluntarily sign a relinquishment or the court can order a termination.
Answer Applies to: Washington
Replied: 7/9/2015
Petit & Dommershausen SC
Petit & Dommershausen SC | Tajara Dommershausen
You will need to file an action to terminate bio dad's parental rights along with a step parent adoption petition.
Answer Applies to: Wisconsin
Replied: 7/9/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You need to file a step parent adoption. ?You should consult with an adoption attorney.
Answer Applies to: California
Replied: 7/9/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
In Wisconsin, there are two closely related steps. The first is to terminate the birth-father's parental rights. The next is to petition for adoption. Consult a lawyer experienced in this kind of work. There are some firms which specialise in adoption. You can find them online(try Avvo.com, for one), or in the yellow pages, or the state bar lawyer referral and information service.
Answer Applies to: Wisconsin
Replied: 7/9/2015
    The Bryan Law Firm, L.L.C.
    The Bryan Law Firm, L.L.C. | Douglas L. Bryan
    Your husband should be able to adopt your daughter without the natural father's consent based on the information you've given. It would be what's called an intrafamily adoption in Louisiana. It's fairly uncomplicated and my fees are competitive and affordable.
    Answer Applies to: Louisiana
    Replied: 7/8/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Get what is called a Step Parent Adoption, and in that process have the natural father's rights terminated. You will have to show that he has abandoned his child both in terms of financial support and has not seen the child, and your new husband will need to take on all responsibilities of the natural father, including financial and emotional support, even in the event that you should divorce before she is an adult (child support and visitation).
    Answer Applies to: California
    Replied: 7/8/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The first question that must be answered is whether or not you know the whereabouts of the biological father. If you do, it would make sense to contact him and see if he would consent to a stepparent adoption and sign the appropriate documents for that purpose. If he's unwilling to consent, then you should proceed with a petition to terminate parental rights as well as a petition for stepparent adoption. This area of the law is quite complicated. Your interests would best be served by meeting with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 7/8/2015
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    We would need to try to locate the biological father to obtain his consent. If unable to locate him, then we could do service via publication possible, but only if he doesn't pay child support. If the child is over 12 years old, which it sounds like, then the child would also have to consent. With proper consents or notice, you could do a stepparent adoption.
    Answer Applies to: Florida
    Replied: 7/8/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    The easy way will be to get the permission of the biological father and have him waive his parental rights. The process of being much more difficult, he will have to prove abandonment and have his parental rights severed if he refuses to cooperate. I would suggest to see an attorney.
    Answer Applies to: Michigan
    Replied: 7/8/2015
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