My husband would like to adopt my daughter and I would like to adopt his son, How do we do this without a lawyer?

Asked over 1 year ago - Copperas Cove, TX

I have a daughter from a previous relationship and my husband has a son from a previous marriage. My daughter's biological father has not ever been in her life and is not on her BC, She has my madien last name. I do not know of his whereabouts. My husband's ex-wife, abandoned his son with her god parents in early 2011, and my husband took custody of my step son in late 2011. The biological mother has not contacted her son since 2011 and does not pay court ordered child support. The biological mother lives in Albuqueque, NM. We were told we can adopt each other's child if the non-custodial parents have not been in the picture for more than 6months and are not paying child support. What are the steps/process to adopt our step children w/o a lawyer? Where can i get the forms? Who can i call?

Attorney answers (3)

  1. JaPaula C Kemp

    Contributor Level 16


    Lawyers agree

    Answered . Although you would like to do this on your own, adoptions are very complex in terms of the process. Also, since you do not know the whereabouts of your daughter's biological father, he will likely be served by publication and an ad litem attorney will likely be appointed to represent his interests. You should consult with a family lawyer before attempting to do this on your own. Many give free initial consultations.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Charles Emmerich Hardy


    Contributor Level 13


    Lawyers agree

    Answered . I agree. (Although my answer would have been to go to law school...)

    Adoptions require terminating the parental rights of the biological father and Mother. Not easy to do right - even when they agree.

    Do yourself a favo - hire a lawyer.

    Good luck!


  3. Jonathan Whaley

    Contributor Level 9


    Lawyers agree

    Answered . The procedure here varies from jurisdiction to jurisdiction. I understand you are hesitant to hire a lawyer if you can do it yourself but it is really in your best interest to have a Family Law attorney navigate the waters of the stepparent adoption for you. There are likely going to be collateral issues that arise that a lawyer will be able to help you with as well.

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