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How can my fiance adopt my daughter?

Bio father said he will consent to the adoption and he will voluntarily terminate his rights. He's useless anyway. But what do I do now? Do I really need a lawyer since he is willing to sign? I feel so lost.

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Asked by SJMamma11622 at 12:21 PM on Jul. 13, 2011 in Adoption

Level 2 (9 Credits)
Answers (8)
  • We had a lawyer draw up papers. The biodad terminated w/no problems. It was $1000 back in 1997. Good luck.

    Answer by EgoTryptophan at 12:22 PM on Jul. 13, 2011

  • Yes you do need a lawyer...i know its stupid but you have to to make everything official...and it is fairly expensive...anywhere from 500-1,000

    Answer by Kisha_1128 at 12:23 PM on Jul. 13, 2011

  • I suggest you wait until you are married and then talk to a lawyer

    Answer by Dardenella at 12:23 PM on Jul. 13, 2011

  • You definitely need a lawyer, maybe some sort of legal aid in your part of the woods can help for little or no money.

    Answer by older at 12:23 PM on Jul. 13, 2011

  • Most judges will not sign off on an adoption unless your married to the man. You need an attorney, you have to have a home study which is a social worker coming and checking out your house, fingerprint back ground check for the adopter, court hearing which the judge can deny the adoption for any reason. It'll cost about 2,000 to 2,500. I adopted my SS in August of 2009 and it was 2k.

    Answer by matthewscandi at 12:29 PM on Jul. 13, 2011

  • No, you do not NEED a lawyer. Some people find it easier, but some people get screwed, and it's way more expensive. You can find forms online to fill out, and you have to meet with a judge in your county to finalize it. Definitely easier after you're married! Same for terminating bio-dad's rights - find forms online, fill them out, and get them to the county. Fraction of the cost of a lawyer. I've had relatives do it both ways.

    Answer by Anonymous at 12:29 PM on Jul. 13, 2011

  • A step-parent adoption can be done without a lawyer. We did it. BUT my first husband was dead, so there was no need to terminate rights. In the case of a living father I would want the help of a lawyer.
    Please keep in mind that you will be legally cutting your child off from their paternal grandparents. So if there is money in his family you might not want to do this. In our case it was fine. My first set of in-laws thought my new husband was great and were happy that my child had the additional protection of a second parent, health insurance through his employer etc. But they did visit their lawyer to change their wills to directly name her since she in no longer automatically considered part of their family. A lawyer should explain all this to you.

    Answer by Anonymous at 10:13 AM on Jul. 18, 2011

  • You can do a stepparent adoption without a lawyer if you are willing to wade through a ton of paperwork and capable of understanding all the terminology and making sure you are complying with everything. We are in the process of my husband adopting my children. In most states, the adoptive parent has to be legally married to the biological parent whose rights are not being severed. So this probably has to wait until you two are legally married.

    Answer by riotgrrl at 10:19 AM on Aug. 15, 2011

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