Can I adopt my step-son?

Question

I would like to make it so my step-son is "legally" mine, his mom is not around anymore. His dad and I are just wondering how to go about this. Any nice answers are more than welcoming.

Answer 1

If his mom's on the birth certificate (which, in almost every case, the mother IS listed) then normally you need her signature that she is signing away her parentage rights, and agrees to the terms of the adoption. If you don't know where she is, you'll need to file the paperwork with the family court with your intentions, and put an ad in the local paper of her last known residence (in the "legals" section of your newspapers classifieds) notifying the birth mother of your intent to have an adoption hearing. Contact a lawyer, it's a surprisingly simple process, if the mother is agreeable. You call him your stepson, so I assume youre already married, but it's a bit harder to do this if you're just boyfriend/girlfriend/engaged, etc. GOOD LUCK!!!
P.S. Contact a lawyer, the'll have the actual details and legality stuff, I'm just saying this from memory.

Answer 2

Everyone on here is absolutely correct about the bio mom needing to relinquish her rights in order for you to adopt your stepson. In Texas she would have to provide a medical history in addition to signing the papers.

If she decides not to relinquish then you might want to consider getting some child support from her, even if you don't need it sock it away for a rainy day for your son. Talk to a family attorney to confirm this, but we were taught in our probate class that you can adopt an adult up to the age of like 25 for inheritance purposes in case bio mom decides not to relinquish during stepson's childhood.

There is the flip side to the situation in case, God forbid your marriage does not work out that you will be responsible for this child as if he were your own. Right now that seems like something that wouldn't matter, but feelings can change so consider this carefully.

Bio mom's possible relinquishment may not (at least in TX it won't) affect grandparents access to the child if they actually are a part of the child's life. You would think that the grandparents would be grateful that someone was caring for their grandchild, but it is an emotional issue and you may have conflicts that you never imagined.

The first step is to make absolutely sure that this is what you want to do and then find a lawyer.

Answer 3

My dad adopted me when I was little. They had to go to court for three years to get my biological father's parental rights removed. Supposedly, my case set a precedent, at least in Cali, for these types of cases, but I'm not clear what.
It can be a long, difficult, emotional process for all involved. If you really wan to go through with it, I would talk to a lawyer. Don't get discouraged if some lawyers don't want to take the case. Just keep at it until you find a good one who will.
My mom was told no by many lawyers. (This was back in 1986?, so I don't know how things have changed) She finally found one who would do it, but was told chances are, they might lose. Without knowing all the circumstances, all I can say is you need to consult a lawyer.
Just remember, you have to be willing to deal with a lot because my case took 3 years, and my parents just finished paying off the lawyer a few years ago. But, out of it all, I can say that my dad obviously loves and cares for me very much to fight so hard to be my dad.
Good luck!!

Answer 4

You need a good lawyer. When my birth mother abandoned me, my dad eventually remarried. It wasn't until I was an adult that I got a frantic call from him
saying they didn't realize Mom had to legally adopt me. Of course I said yes. She
was an awesome Mom. When it is a child involved you need the advice of a good lawyer and I wish you all the luck in the world. No matter what, Congratulations ahead of time. I hope all goes well.

Answer 5

Yes its possible. I would suggest talking with an attorney specializing in adoption. He or She will be able to take you through the necessary steps. One of them may be having the birth mother give up her rights to the child in question. But that is something you need to discuss with a lawyer. I would also suggest talking with a child psychiatrist, the child may have questions or concerns that need to be dealt with. For example, does my birth mom not want me any more?

Answer 6

By not around do u mean dead if yes then u can if u cannot find her then u will have to find her first Best of luck the world needs more people like u

Answer 7

his mom is not around as in: shes dead, or she just has nothing to do with him??

if she's dead: then yes you can adpot him with your husbands concent! [like brad pitt adopted angelina's kids]

if shes alive: You need to file a petition in family court to adopt. You will need either the permission of the mother or be able to show abandonment.
A Family court attorney will help you do this.

Answer 8

The child's mother would either have to give up her parental rights, or you would have to go to court and file for termination of her rights. In either case, you need a lawyer.
Good luck. Your boy could sure use a caring mother right now.

Answer 9

talk to a lawer see if you can get the mom to waive her rights and then your lawer can help you go about adoption just call a lawyer they can tell you everything u need to know-good luck

Answer 10

ya a lot of people do that, but im not sure how to go about it. my guess is you go down to city hall and they will tell you more about it. but first i would see if the kid is on board for this