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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

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Attorney answers 2

Posted

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

Asker

Posted

That doesn't make any sense. My boyfriend wants to adopt a child that isn't blood related the child's real father killed himself when the child's mom was pregnant with the child. My boyfriend is on the child's birth certificate

Orion Jacob Nessly

Orion Jacob Nessly

Posted

Mr. Bodzin's right here: by definition, if someone is seeking to adopt a child, then that child won't be biologically their child. Otherwise, there would be no need for an adoption.

Asker

Posted

the child is 6 and my boyfriend has been "dad" to this child since he was born. they also share a 5 year old. our concern and want to adopt is the mother is a flake. she doesnt take care of either of the children, updating their doctor or dentist visits.

Orion Jacob Nessly

Orion Jacob Nessly

Posted

If the mother doesn't feel the same way, then there's not really any way I see an adoption happening (unless there are other facts such as DHS taking the child out of her care and placing him for adoption). Your boyfriend is probably looking at a situation where he might have some custody/parenting time rights based on establishing a "parent-child relationship." He needs to consult one-on-one with a family law attorney. This is a bit of a complicated situation.

Posted

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.

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