step parent adoption?

my fiance and I will be getting married in 2010, and he would like to adopt my son, who is now 5. My sons biological father has never been in the picture. I was wondering what our first step should be?
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Christopher W. Vaughn-Martel

Christopher W. Vaughn-Martel

Contributor Level 7
Congratulations on your engagement!

Although you can certainly wait until you are married to adopt, it is not legally required. Your only hurdle will be terminating the biological father's rights in order to create a legal parent-child relationship between your son and fiance. Depending upon the circumstances, this may require either that he sign an Adoption Surrender form or that you provide him with legally sufficient notice of your intention to adopt.

I strongly encourage you to contact my office and set up an appointment. A large part of our practice consists of co-parent adoptions, and we charge a simple flat-fee for the entire process.

Best of luck!
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