How can my husband adopt my son?

Question

My husband would like to adopt my son but we don't know how to go about doing it. We are both military and are stationed overseas in japan. My son lives with us and doesn't speak with his real dad. His dad has our number and address but hasn't attempted to make any contact nor has he paid any child support in my son's whole 8 yrs of life. Has anyone else been successful with having their spouse adopt their child or does anyone have any advise?

Answer 1

Yes, it can be done. My nephew was adopted by his step father. It required the biological father to permanently give up his 'rights' as the father

Answer 2

This is a big decision, if your new husband adopts he will be responsible for the child until he is 18 yrs. old.  The father must sign papers and agree to this and also whether the childs last name will be changed.    Why is adoption so important?  Your husband is the active male figure in your sons life.  Your all three living as a family so unless you want to change your son's last name (which I don't agree with) then the adoption papers really doesn't  makes any difference.  

Just do the best you both can towards your son, life is too short to worry about the small stuff.

Answer 3

first thing is your son's biological dad has to give his permission to allow your now husband to adopt.  If the ex- does not give his consent legally through proper lawyer paper work then he will not be able to adopt. However, if the biological does give his ok... then get an adoption atty. and get everything legally changed over last name, and any medical records that need to have the new name of your son

Answer 4

The child's father will have to give up his parental rights to the child.  Courts rarely allow this, because they know the long term effects on the child.  They do, however, allow it in the case of adoption if they are certain that the father has voluntarily done so and completely understands the impact on the child and himself and also that the "new" father understands that he is now totally, financially responsible for the child, even in the case of a divorce.

The first step is to contact the natural father and discuss the situation.  If he agrees to it, you will have to decide where to file the case.  This will be either where the father resides or your home state in the United States - it is usually the state where the child resides as they have jurisdiction over the child.  Both of you will probably have to retain lawyers - especially the "natural" father because it is such a huge thing to do and cannot be undone that courts will want to be very very certain the natural father knows what he is doing.