So, how does the marital status of these unmarried parents affect their legal rights and what impact do the laws have on their children? For example, in California, you will fill out Form ADOPT-210 by providing your personal information on the top of the form. If you live in a state that still follows this rule, you will have to marry your boyfriend or girlfriend before you adopt the child (i.e., become a stepparent). I haven’t started the groundwork but I have this in my mind for a long time. Please suggest. No, you do not need to be married to adopt a child, although you will need to check with an adoption professional if you are adopting internationally. % of people told us that this article helped them. Visit Adoption Collateral Consequences. California has long recognized the right of a stepparent to adopt the biological child of his or her spouse through a stepparent adoption, which terminates the parental rights of the other biological parent, which is often an ex-spouse of the parent retaining custody. 6. While technically you can adopt your girlfriend's daughter without being married, in order to do so your girlfriend would have to give up all parental rights to her daughter. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. Adoption is primarily governed by state law. An adoption terminates the parental rights of one or both of the biological parents and creates a new family relationship between the adopting parents and the child who is being adopted. If you are married, both you and your spouse must sign the petition. (Another common type of relative adoption is adoption by grandparents, but stepparent adoption is far more common. A stepchild is an eligible health plan dependent up to the age of 26. If your coverage is through an employer group plan that provides benefits to children, you will be given at least 30 days to enroll the new dependent. You can speak with the father prior to being married. This article was co-authored by Clinton M. Sandvick, JD, PhD. When your paperwork is submitted, it will be stamped as "filed". You may have a longer wait for a child, or you may have to broaden your ideas about the age and type of child you want to adopt. I have parents and 1 elder sister. The assessment is used to help a court decide if you can adopt the child (rather than being sent to an independent adoption panel). Are You Being Pressured to Put Your Baby Up for Adoption? One of the biggest parental rights is the right to consent or object to the adoption of one's child. The U.S. Supreme Court's 2015 Obergefell v. Hodges ruling overturned all state bans on same-sex marriage, making marriage equality the law of the land. In a stepparent adoption, a parent marries someone other than his or her child’s other parent, and the new spouse adopts the child. The birthparents’ legal relationship to the child is terminated, unless the adoption is a stepparent or a so-called “second-parent” adoption, in which case only one parent without custody loses parental rights. In approximately 11 States, American Samoa, and the District of Columbia, there are no You may have heard of the recent Florida adoption case (Goodman v. Goodman) where a man tried to adopt his adult girlfriend in an effort to circumvent an irrevocable trust that was established for the benefit of his children when he and his ex-wife were still married. In addition, a stepparent can adopt the child of his or her spouse if the spouse has legal custody of the child. Created by FindLaw's team of legal writers and editors | Last updated November 13, 2018. When the adopting couple is married, the adoption is usually readily approved. So my wife wants to adopt a Child, and I want to let her; but I do not want to be (leagally speaking) part of it. As a general rule, any adult who is found to be a “fit parent” may adopt a child as … In most cases, same-sex partners can adopt using the stepparent adoption procedures just like opposite-sex married couples can. While there are often no specific legal prohibitions against unmarried couples adopting children, you may find that adoption agencies are biased against unmarried couples, or make it more difficult for unmarried couples to adopt. Otherwise she would have to give up her rights to so you could adopt. Last Updated: January 31, 2020 If an unmarried couple jointly adopts a child, or if one partner legally adopts the biological child of the other, both parents are legal parents. No, you cannot get it done by talking to the judge. You should be prepared to explain why you haven’t married and to make a good case for your fitness as a parent. About Family and Friends - Articles Can (and Should) a Family Member Adopt My Baby After Delivery? In some states, the information on this website may be considered a lawyer referral service. We use cookies to make wikiHow great. For an overview of legal issues involving adoptions, including different options, such as agency and private adoptions, see the Adoption topic on Nolo’s website. You’ll state your desire to adopt your stepchild to a judge. Adoption is primarily governed by state law. Your personal information as the adopting parent (e.g., your name, address, and relationship to the child), An indication of why you are filing in a particular court (e.g., you reside in that county or the child resides in that county), The type of adoption you are filing for (e.g., an independent, additional parent adoption), A statement saying you are suitable to adopt the child (e.g., you will support the child, you are of a suitable age, and and you will treat the child as your own). Doctor of Law, University of Wisconsin-Madison. You may not be allowed to adopt if you have a felony conviction. Unmarried mothers without custody must pay support if they can and visit the child—or face losing the child to a stepparent or second-parent adoption. Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child's biological or birth parent. The 16 Most Important People in Your Adoption Plan Dealing with Unsupportive Parents and Other Family Members "If I Want to Choose Adoption, Can I Be Forced to Keep My Baby?" As a father, if you choose to contest paternity and the child is determined not to be your child, you may be relieved of financially supporting the child, but you may also lose any right to visit with and parent the child. Sometimes the judge may ask the child’s opinion, depending on his or her age. The Florida court determined that the adoption was invalid, but not for the reason you may think. Reviewed August 2009 Keep in mind that if you don’t adopt your partner’s biological child, you risk losing access to the child if you and your partner separate. Can I adopt his child? The child is of an appropriate age (and consent was given if child is over 12), The adopting parent (you) is at least 10 years older than the child, will care for the child, has a suitable home, and agrees to the adoption, The waiver is valid that allows your boyfriend or girlfriend to retain parental rights, The adoption is in the best interest of the child. After answering a few general questions about your legal issue, you will be put in contact with qualified lawyers in your area. If an unmarried couple jointly adopts a child, or if one partner legally adopts the biological child of the other, both parents are legal parents. Before I bring the child to our house I have to convince them to accept my adopted child. Are You Being Pressured to Put Your Baby Up for Adoption? By signing up you are agreeing to receive emails according to our privacy policy. To apply for an adoption order a step-parent must be over 21, have lived in the UK or been resident for a year and be the partner (spouse or civil partner) of the parent whose child they wish to adopt. Do everything in your power to ensure a positive report is written. Copyright © 2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. This article has been viewed 7,363 times. Under normal circumstances, when an unmarried individual adopts a child, both biological parents have their parental rights terminated. However, a majority of unmarried parents are adults and are frequently in committed relationships even if they are not married. The presence of domestic violence in the home. In addition to, or instead of, having your own biological child, you and your partner may want to adopt a child. If you cannot afford to hire a lawyer to represent you throughout the entire process, at least consult with one about the intricacies of co-parent adoptions. Adoption agencies are allowed to create their own rules about who can adopt and under what circumstances, as long as they don’t run afoul of state law. The emotional ties a child has to you and his or her parents. About Family and Friends - Articles Can (and Should) a Family Member Adopt My Baby After Delivery? In addition—especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. Visit the courthouse where you plan on filing for adoption. How tough is it to raise a kid without support of a male? I … The equivalent process for unmarried couples is called “second-parent adoption.” When the adopting couple is unmarried, the cost may be higher and a social worker home study is almost always required. If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. If you live in a state that still follows this rule, you will have to marry your boyfriend or girlfriend before you adopt the child (i.e., become a stepparent). Do Not Sell My Personal Information, Nolo's Essential Guide to Child Custody & Support, Marriage, Domestic Partnerships, and Civil Unions, Taxes and Estate Planning For LGBT Couples. If the couple separates, each has the right to petition a court for custody of (or visitation with) the child, and each has an obligation to provide child support. You will have to terminate the biological father's rights, even though he never legitimated the child in the adoption case by motion. Include your email address to get a message when this question is answered. If the couple separates, each has the right to petition a court for custody of (or visitation with) the child, and each has an obligation to provide child support. 2. By using our site, you agree to our, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/33\/Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg\/v4-460px-Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg","bigUrl":"\/images\/thumb\/3\/33\/Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg\/aid7896814-v4-728px-Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"