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Can I adopt my fiancé's children with her consent?

Utica, NY |
Filed under: Child adoption

am I able to adopt my fiancé's kids since her kids fathers are not in the picture and do not want anything to do with them. her sons father is on the birth certificate but that was after going to court with her for a DNA test he is now currently incarcerated and her daughters father is in and out of the states and is not on the birth certificate I have basically raised both the kids her son since he was 6months and her daughter since she was 1 and a few months.

Attorney Answers 3


The adoption process is fairly straightforward for stepparent adoptions, aside from the issue of getting consent. And, that seems to be no problem since you say the biological father is willing to sign. Parts of the ordinary adoption process may be shortened or waived altogether, such as the home study and the traditional waiting period. In some states you may need to be married before you may start the process but you are already. You can get the forms at your local courthouse in the county you plan to adopt. You'll need to demonstrate that you and your new husband are willing and able to take on financial and legal responsibility for the child. Remember that adopting a stepchild will end the other biological father's responsibilities to the children, including child support payments.

Also, your new husband may need to go through criminal background checks to satisfy the judge that he is fit to be a new parent. If it were me, I'd want to get an experienced adoption attorney to make sure your adoption is complete and legal. When the adoption is final, you can apply for a birth certificate with corrected information. You can try it yourself, though, too.

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I agree with my colleague. As long as the biological father is willing to sign a consent form, everything else is straight forward. You should also try to waive the home study as well. consult with an attorney.

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You will need the father's consent or a court order otherwise. See details in the response to your other post.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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