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Could my boyfriend adopt a child that isn't biologically his?

Stayton, OR |

He was with a woman when this baby was born, his Bio dad is dead. My boyfriend is on the child's birth certificate and had planned to adopt the child. They are no longer together but still. Wants to adopt

Attorney Answers 2


  1. You can only adopt a child that isn't biologically yours. If the child is biologically yours, then you're their legal parent and have no need to adopt.

    Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin, Northwest Law Office, 2075 SW First Avenue, Suite 2J, Portland, OR 97201 | Telephone: 503-227-0965 | Facsimile: 503-345-0926 | Email: jay@northwestlawoffice.com | Online: www.northwestlawoffice.com


  2. If the boyfriend and the biological mother were married, this could be accomplished by a step-parent adoption. However, since you are talking about your own boyfriend, this doesn't really sound like the case here. Being on the birth certificate isn't really all that helpful here as far as the adoption goes. There's no right to adopt a child against the biological mother's wishes just because the other parent has passed away.

    There might be an option for parenting time based on his being on the birth certificate, but this would be much more likely if he has established a strong "parent-child relationship" with the child in the past 6 months. He'd have to consult directly with a family law attorney to learn more about this.

    As a side note, the idea of him trying to force an adoption (or even parenting time, if he hasn't had frequent, substantial contact with the child...essentially forming the relationship that a parent would have) on the bio mom and child seems a bit distasteful. What I'm saying is, if the mom isn't on board with this, a court most likely won't be either.

    My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.