I'm a married woman and I want to adopt my niece. My husband consents, but he is not adopting with me.?

julie j

Hi,

You do not specify whether or not your niece is legally available for adoption. If she is not, her parents must voluntarily relinquish their parental rights to her by signing papers to that effect, or else their rights must have been terminated first by a court.

There is no way you will be allowed to legally ADOPT any child if you are married and you want to do that alone. If you were single, you would have a better chance of actually adopting her if she is legally available for adoption.

Interestingly enough, if you had adopted her before you were married, your husband would not have to consent to anything now & it would not matter how he felt about adoption one way or another.

A couple must be separated for at least a year in order for one of them to be considered to adopt on their own. As it stands now, you are a couple and both people of the couple have to wholeheartedly want to adopt a child together.

If you are looking for temporary custody of her, then what you are really looking to do is to become your niece's "GUARDIAN" and not her legal parent. At this point, you have a better chance of doing that, due to your husband's feelings on the matter. I'd say that is your best option if everything else in your life stays the same.

Good luck,
julie

blondie

my concern is why doesn't he want to do this with you? arent you guys in this marriage together?

bree

If you are married your husband will need to adopt as well. The social worker will require individual interviews. I don't think any social worker would approve an adoption where the spouse does not want the child. Besides the interviews and home visits, there are employment verification forms, personal statements and references both you and your husband will need to submit. I don't think you should adopt. You seem to have problems in your marriage. Why doesn't your husband want to adopt? Will he not be a father figure to the child? Fix your marraige then adopt.

mom of many

you'll need more than just his signature or consent. Most states require homestudies which are a series of interviews with the both of you...together and individually. Plus paperwork and some make you do autobiographies on yourselves.

julie n

Listen if your husband does not want to adopt with you. that should set some bells off right there. It means he does not consent. Second he has to SIGN THE PAPERS RIGHT AWAY. Also the socaial worker will check on him and pull you to aside seperatly and ask you if you want the child and why and what can you offer this child that some one no one else can so make sure ok. talk to him

midnitrondavu

Sorry, don't know. I did not realize you could adopt without your spouse. Might want to check that out.

muzhda63

i dont know

If he is not adopting, why would you need him at all? I really know nothing about adoption, but thanks for taking this child in as your very own. You get a star. If I could give you ten of them, I would.

Discount K

You may want to check state regulations. Like NY state will not allow a wife to adopt but not her husband. Or vice versa. So first you need to be sure that you can even do it without your husband also adopting the child. At that point in time, you need to get a lawyer to handle the paperwork, and most likely a homestudy to even be alowed to adopt the child. Good luck

kippykat22

As far as I know, you do not need your spouse's consent to adopt a child.

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