We are in California. My step daughter wants me to adopt her. She will be 18 at the end of January 2015. If we (her mother and I) wait until she is 18. Do we still need to contact the birth father?
Her biological father has had no direct contact for several year. Except for his wife sending her a Christmas gift each year. He has not called or attempted contact.
if she is 18. Does the birth father need to be contacted?
Is the process the same if she is over 18 or under 18?
How long does the process usually take.
This situation would be considered an adult adoption in Florida. Under that scenario the birth father would need to be contacted but his consent would not be needed. I would consult with a local attorney to assist you in this process. Although it seems relatively straightforward, an adoption is not a DIY project. Best of luck to you.
This information is provided as a public service to provide a general answer and should not be relied upon as legal advice.
You need to speak with an adoption attorney. I will change the practice area for you. Adoption is a complicated area of law, and I would suggest that you do not attempt to do this on your own.
I'm an adoption attorney, licensed in California and Idaho, so I will speak specifically to how California law affects your case.
If your stepdaughter is 18, adopting her would be considered an adult adoption in California. Once she is an adult, her biological father would no longer need to consent to the adoption. However, if you adopted her now, before she turns 18, he would need to be notified and given an opportunity to consent to the adoption. There are exceptions to this rule that you and your attorney can consider including if he legally "abandoned" your daughter for over a year.
The process, from start to finish, would likely take a few months.
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