I want my husband to adopt my daughter?

Question

My husband and, I are raising my daughter. Her father hasn't been in the picture since March of this year. She recently turned one years old, and we want my husband to adopt her. Her biological father hasn't seen her since march, and he hasn't paid any child support since she was born. I have full physical custody, and we have joint legal custody. How can my husband adopt her, and how can we change her name to ours? I don't know where the father is. What would have to be done for this to happen?

Answer 1

i was told that u would have to hire a lawyer and post it in the newspaper to give the potential father a chance to come forward...it has to be in the paper for a month...u will then go to court and a judge will deciede if ur husband can adopt and about the last name being changed...good luck im going through this now only diff is my son bio father was murdered so it will be a lil easier for me

Answer 2

You will need to locate the father and have him sign off his rights or have the courts find him unfit and take away his rights.  He can't be found guilty of abandonment until at least 12 months of no contact so you have to find him or wait it out for that.  You should get a lawyer right now and talk over your options because there is a lot involved with a step-parent adoption especially since it hasn't been a year yet and because of the joint custody.  

Answer 3

Biological father would have to sign away his rights. Court can find him - esp because he hasn't supported his child. Or hire a detective.

Answer 4

He can adopt her, my stepdad wanted to adopt me. However, i think you should wait till your daughter is older so that she can get a say in it, if she's only one year old how do you know that you're doing what she wants? Because i would have hated to be adopted by my mums husband, and i didn't let it happen, hope i've been of some help.

Answer 5

Parental rights do need to be signed off by the first father. after that you need to consider what other things you are setting this child up for. Sealed records, passport problems, and in some cases lack of voting rights. all compliments of Homeland Security since 911. Do some investigating and then decide if you still want to do this.  

Answer 6

We've had several friends go through this.  Call the court or call a lawyer and find out the specifics (it's probably slightly diffrent by state).

I do know that one friend had to go through a huge court issue since her ex, who had never seen the child in all 10 years since his birth, said "no" to giving up his parental rights.

The fact that your daughter's father hasn't been around for almost 6 months and you have not received child support tells me that A: you will probably not get too much of an arguement from him, and B: the court will definately see your side.

I do remember that we were asked by our friends to write a letter to the court about the new adoptive father and the child's relationship, so think about some close friends you have that could speak for your daughter and your husband.

I do suggest you think about what kind of relationship she has with her paternal grandparents.  If none, then OK, but if there is one you wish to continue, talk with them first.  It was through the grandmother's anxielty of losing touch with her grandson that my friend's ex said no.  If she would have known that, she and her husband would have made special arrangements with grandma aside of the adoption issue.

good luck to you!

Answer 7

if the dad really cared about her he'd come to visit i'd say if you wanted let him see her every like month...or so whatever feels right to you

Answer 8

You'll have to have him summoned to court, so that you can figure it all out there, unless he'd agree to your husband adopting your daughter. Seems like a tough situation to deal with, but it isn't. Try to contact your daughter's father before doing anything though.

Answer 9

You do not want to adopt her ????  

Answer 10

He can't adopt her until her natural father gives up any parental rights. Unless he does this- your husband will never be able to adopt her.

Answer 11

my dad did the same thing with me i don't remember the process it was a while ago but i do know this, my biological father was never contacted to give up rights. i believe the courts go based on actions.

it was so awesome to finally have my dad be my dad not just emotionally, but legally too.  

Answer 12

contact a lawyer. the biological father must give up all parental rights. May have to put a add in the paper to find him and Im sure if he is not found they will allow your husband to adopt her. and when he does her last name will change.  but contact a lawyer is your best bet. and good luck and congrats to your husband he's gonna be a daddy

Answer 13

I don't believe he can adopt your daughter as long as her biological father is alive, unless bio. dad signs off his rights to her. The adoption papers aren't what really matters. If your husband loves your daughter, you are very fortunate, and so is she. Someone could surely find the child's bio father if you needed that.

Your daughter is blessed to have so many people who care about her. Good luck.    

Answer 14

You can call a family lawyer and get a free consultation meeting and see exactly what you are going to have to do. I do think that you will have to have the biological father's signature. Be sure to tell them that the biological father has not seen her in months and does not pay child support, and all that. You know what to say...I say call someone!

I hope it happens for you all.

Best Wishes,

Diane