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Can my husband adopt my son?

My husband has been a father to my son since I was three months pregnant and wants to legally adopt him. My son is now 2 1/2 and we have had no contact, money or anything from his biological father and we do not know where he is. I have been told after two years he loses all rights. I'm wanting to know if there is any truth to this, and if so how we can go about it.

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angeleyes0306

Asked by angeleyes0306 at 9:39 PM on Mar. 24, 2009 in Adoption

Level 6 (114 Credits)
Answers (8)
  • Get a lawyer. This isn't something that you should try without one. You should be able to do it based on what you've written. You'll have to have your ex's rights terminated, then the two of you can start the adoption process.
    desert_diva

    Answer by desert_diva at 9:42 PM on Mar. 24, 2009

  • I am going though this too.. It is hard. and need a lawyer.. did your ex sign the birth cert. if not it should be easy to do.
    three-for-now

    Answer by three-for-now at 9:43 PM on Mar. 24, 2009

  • I would assume yes but you may have to put an ad in tha paper and "attempt" to get a hold of him. I had a friend give her baby up for adoption (a little different I know) but she had had no contact with the dad at all and she had to put an ad out and try to get ahold of him. I would contact an attorney, it may be a process, but yes you should be able to.
    AK_aries

    Answer by AK_aries at 9:47 PM on Mar. 24, 2009

  • No he didn't sign the birth certificate..he left when I was three months pregnant
    angeleyes0306

    Answer by angeleyes0306 at 9:58 PM on Mar. 24, 2009

  • You should have to attempt contact. If you find him the courts will probably order a DNA test to establish him as the other half of your child's DNA, then you file to terminate his rights. The ex may very well be happy to sign them over, which would make it a lot easier. If you don't find him the courts will probably name him the father and terminate his rights.
    desert_diva

    Answer by desert_diva at 10:25 PM on Mar. 24, 2009

  • You should be fine, just get a lawyer to make sure it's an up and up.
    Praying

    Answer by Praying at 11:48 PM on Mar. 24, 2009

  • I'm just getting this post this morning so... I was adopted, my birth mother gave me to her sister(who is now my mom) They had a lawyer of the state who came to the house and asked my sis and I a bunch of questions.My mom had to sign over her rights. My cousin's husband adopted her son @ 6 and it was the same. The bio-father never signed the birth cert. so it was easier, but still a social worker or attorney will come to your home and investigate.They will check your home to make sure it is what's best for the child. Someone will work with you to prepare you for this visit. Even if it is YOUR child they still want to make sure the adoptee is able to provide a good life for the child.
    MAMAMISTY33

    Answer by MAMAMISTY33 at 11:06 AM on Mar. 26, 2009

  • I justgot my final order of adoption on my son last week the whole process took about a year from the time I filed fo a "step parent adoption" The bio mom tried to fight it, but then didn't show up for the 2nd hearing to terminate her rights after they appointe her a lawyer. I did the whole thing without a lawyer but it was not easy. Depending on what stAte you are in depends on what the rules are in MI ifthe noncustodial parent hasn't spent suff. parenting ime and given substancial support for 2 years then you can proceed. My son was abou 6 mos. when I took him in he is going to be 8 this year. If you have any questions or just want to talk message me. Good luck
    bearcat84

    Answer by bearcat84 at 9:19 PM on Mar. 26, 2009

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