Adoption of infant question?

Gaia Raain II

It is possible, but not necessary. Your fiance can get guardianship, and your child's father can give up his parental rights. No need to change the child's identity or birth certificate. Besides, changing the birth certificate at this point could cause the child some issues down the road. Birth certificates are issued at birth, not at 8 months...and with tightened security after 9-11, some adoptees are having issues with their amended birth certificates (people are starting to question why the BC wasn't issued at birth...it looks suspicious). Better to just keep the original one, and do a guardianship arrangement instead.

sam22254

This can be done very easy. Get a lawyer. It will be up to the judge but he will be only looking what is the best interest of the child.

paralegalbunny

It varies from state to state but keep this in mind:

The simpler issue is him relinquishing his rights. In most states he will have to at the very least sign papers, but may have to go through the court sysetm. Keep in mind, once this is done, any back child support he owes you, SSI your son could recieve or inheritances should he die would be no more.

As far as adoption is concerned you would want to be married first and it is not as simple as filing a few papers. You will need to file motions, judgements, etc. and unless you know how to do these things yourself you will need legal help. Plus the court has its own fees that will need to be paid and the judge would have to agree.

Also, your fiancee would have to be advised that once he adopts him, he will be liable for his care whether you stay together or not.

With that said: I advise you to give it time--

I am saying this not only from a legal standpoint but also personal. I have a son who's father is the EXACT same way. My son is 7 and his father has only seen him a few times and will not play an active role in his life. I have a daughter who is one and her dad and I are getting married in May. I have considered having my fiancee adopt my son, however decided against it and this is why:

- I will not let him off of the hook! That would be too easy. Why should you be the only one responsible? Also just because he pays child support doesnt mean he would have to have visitation rights. You may say that you do not care about the child support, benefits, etc. now but who knows whats to come. When your child is old enough to go to college, his father would still be required to pay (in TN it is til the age of 21) You wouldnt want to take money away from him that he might need in the future.

- My son, even though he does not have a lot to do with his dad knows who his real dad is (This is important!) and does not want his name changed. He loves my fiancee and even calls him dad, but he wants to keep his name. There is nothing like your OWN dad. The one you look like, walk like, talk like. (and they will do these things even if they have never been around them. Your son is still young! Give it time..

**Regardless of what you do, please be honest with your son about his biological father and the situation---My fiancee was raised until the age of 12 by who he thought was his father. His father died when he was 13 and years later (at the age of 30) he found out who his real biological father was. This has caused him much hurt and anger as well as emotional issues. His father wants to have a relationship with him, but he feels it is too late. He is also angry at his mother for not telling him the truth

Ranchmom1

Yes, it is entirely possible. You would need a lawyer to help you sort out the paperwork. Your son's father would have to sign a paper terminating his legal rights to his son, then your fiance will have to legally adopt him. If everyone is in agreement about this, it shouldn't be a problem at all.

mom of many

because the bio father is willing to terminate his rights it should be an easy process. But they don't let "boyfriends" adopt ones kids. You must be married for a year or two first. consult an attorney in your state for the exact time frame.

Mom to Foster Children

You need to see an attorney and have papers drawn up for you ex to sign over his rights. Once this is done you can petition the court to have your fiance adopt him.

Pretty simple

Javin

Sounds like a great guy. Far as I know, this is the process in all states. Call the courthouse and ask them what the process is. They'll give you the right number to call.

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