Relinquishing rights & adoption.

[Britt1105]

My sons father hasn't been in his life for 2 years of his 3 years of life. He currently has a wife & another baby on the way, & is also months behind on child support he has decided he cannot afford to support both children & has agreed to sign over all rights so my fiancé can adopt him. I'm not sure how to go about anything though, how do we begin the process? & do we have to be legally married before he can adopt him? How much does it normally cost?

Thanks so much

[Disagreeable]

Re: Relinquishing rights & adoption.

If you do not marry before the adoption it will no longer be your child. Hire a lawyer, after you marry, to make sure all paperwork is processed correctly and avoid an error requiring the process to start all over again, from the beginning.

[goddessoflubboc]

Re: Relinquishing rights & adoption.

You will need to be in a stable, married relationship for a couple years and that's STILL no guarantee a judge will agree to the TPR. You will have thru a home study, criminal background checks, etc - basically what all adoptive parents do except the genealogical history. Expect to spend several thousand dollars. You need an atty and typically a GAL is appointed for the child's interest.

[Friend In Court]

Re: Relinquishing rights & adoption.

My sons father hasn't been in his life for 2 years of his 3 years of life. He currently has a wife & another baby on the way, & is also months behind on child support he has decided he cannot afford to support both children & has agreed to sign over all rights so my fiancé can adopt him. I'm not sure how to go about anything though, how do we begin the process? & do we have to be legally married before he can adopt him? How much does it normally cost?

Thanks so much

Yes, before a court will consider terminating a biological father's rights and obligations to his child,there must be another father willing to step into his shoes. And they will not consider a 'fiance', but a stepparent in a stable marriage.

Adoption, unlike marriage, is a lifetime commitment that survives the grave -- including rights of inheritance. All the rights of a natural,biological child. So the court wants to be assured the marriage is stable, the stepparent dedicated, wholeheartedly,to accepting the child as his own -- forever.

An adoption to a stranger, without any commitment to the mother to create a stable two-parent household is unthinkable. The engagement might break, and then where would both be? The new parent off to create another relationship and family,with a child in tow,forever, not biologically his but his for life, regardless.

So, get married, give it a year or so,and then apply for stepparent adoption. The father will need to have independent legal representation for termination of his parental rights. Since he will be relieved of his child support obligation, he might be approached to pay the legal fees for both -- his lawyer and yours. A Guardian Ad Litem for the child is unnecessary. I personally have participated in a stepparent adoption.