My sister's new husband wants to adopt her son.

My sister's ex husband was the biggest fraud ever. He used his brother's name to get married to my sister, without her knowing. He had been in jail for having sex with a minor, he was older then what he had told her. After he cheated on my sister and left her to care for her their son, she started to investigate his past. She quickly divorced him and got full custody of their son. It doesn't matter because he just doesn't care for their son anyhow. My sister since then got married and her husband has been raising my nephew together, that's the only father my nephew knows now. Now, that they are married he wants to adopt him, but my nephew's biological father can't be found. What are the steps to adopt him. She consulted with a lawyer, but he is asking for $5000.
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Answers (1)

Jennifer Suet Fong Lim

Jennifer Suet Fong Lim

Contributor Level 4
Hello:
Your sister's current husband can adopt her children through a procedure known as a "step-parent adoption" in which your sister and her husband will assume full parental rights and obligations. After the adoption is finalized, the biological father's parental rights and obligations will be terminated. However, there has to be due diligence in the efforts to locate the biological father to provide him with notice regarding the adoption hearing and an opportunity to contest the adoption, before the court will grant the adoption.

[Note: This information is for consumer education purpose only, is not intended to be legal advice to be relied upon and does not create an attorney-client relationship]
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