My Fiance wants to adopt my son...but how?

[noahsproudmom]

Okay, I had my son when i was 16 with a guy who was 15 at the time..crazy, i know.
When my son was born, i was living in Pennsylvania and he was living in california, My son has my last name, no father is claimed on his birth certificate- and his biological dad has never taken a paternity test. Now 2 years later, im engaged and my fiance wants to adopt my son..my son's bio dad hasnt seen noah since he was 3 months old and hasn't tried since..how can my fiance adopt him and about how long would it take and what should i do first.

 

[irish223]

Get married, wait at least a year, then hire a lawyer.

 

[Duranie]

get married first, then you'll need to establish paternity with your ex then ask him to terminate his rights.

 

[noahsproudmom]

okay, but why should i wait a year?
and why should i even bother with that sob?
wouldnt that open a can of worms if i did that?
im sorry i need an explanation.

 

[irish223]

Your boyfriend cannot adopt your son. Your husband may, but only after you've been married for at least a year. In order to adopt, the parental rights of the biological father will have to be terminated. Legally. And you will need a lawyer.

 

[noahsproudmom]

why would he have to give up rights? my son has MY last name and no one is claimed on the birth certificate. his bio dad hasn't made any contact since he was 3 months old. hes 21 months old now. he has no rights.

 

[irish223]

why would he have to give up rights? my son has MY last name and no one is claimed on the birth certificate. his bio dad hasn't made any contact since he was 3 months old. hes 21 months old now. he has no rights.

Well, do what you want, but if you proceed with the adoption, the judge will want to know who the father is. You can say you don't know, but if the father finds out about the adoption, he can request a paternity test and seek to have the adoption reversed. Then he can petition for custody or visitation. It doesn't matter that he has no interest now.

Check with a lawyer. You'll need one for the adoption.

 

[seniorjudge]

...
why would he have to give up rights?
...

It is the law.

 

[irish223]

It is the law.

Yeah, that too.