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I hope someone can help me. My stepson is now 13 years old and I would like to stop procrastanating and officially adopt him.
My wife (his mother) and I married in 1998 in San Diego, CA. when he was only five years old. My wife is from Mexico. There is no father listed on the birth certificate as my wife was raped in Mexico.
I have tried to obtain information on how to go about this procedure and I can only think of using the option of "abondonment" but if there is no father on the birth certificate; should not this process be easier?
My wife has no knowledge of where the biological father may be nor does she have any reason to try to find out. This happened back in 1992 and she only thanks GOD every day for the wonderful son we now have. My son (because there is no way that I can think of calling him anything less) is a wondeful 13 year old boy, who excels in sports and school. He has been on the honor roll each year and is now entering high school. It would be a great present to be able to have him named the same as his two little brothers who were both born later. One is now 7 years old and the other is 3 years old.
I really would like to find out what I must do as I fear if they ask us that we must find the biological father; that this will stop us as we really do not know where he may be.
Can someone please give me the correct information. I have already downloaded the e-book called "Nolo's Guide for Step Parents and Domestic Partners". But none of the e-book mentions anything when there is no biological father on the birth certificate.
Please HELP US!
Robert
I'm not really sure how much help this will be. But these are some of the California Family Codes for adoption that she may be able to use. What you need to do is call the social services in your county and tell them your situation. They are very helpful and will tell you step by step what you need to do. In your case you may just have to place an ad in the paper, but I don't know since the child was conceived in another country. Good luck to you!
8605. A child not having a presumed father under Section 7611 maynot be adopted without the consent of the child's mother, if living.
8606. (c) Where the birth parent has deserted the child withoutprovision for identification of the child.
7825. (a) A proceeding under this part may be brought where both ofthe following requirements are satisfied: (1) The child is one whose parent or parents are convicted of afelony.
(2) The facts of the crime of which the parent or parents wereconvicted are of such a nature so as to prove the unfitness of theparent or parents to have the future custody and control of thechild.
(b) The mother of a child may bring a proceeding under this partagainst the father of the child, where the child was conceived as aresult of an act in violation of Section 261 of the Penal Code, andwhere the father was convicted of that violation. For purposes ofthis subdivision, there is a conclusive presumption that the fatheris unfit to have custody or control of the child.
7822.(b) The failure to provide identification, failure to providesupport, or failure to communicate is presumptive evidence of theintent to abandon. If the parent or parents have made only tokenefforts to support or communicate with the child, the court maydeclare the child abandoned by the parent or parents.
(c) If the child has been left without provision for the child'sidentification and the whereabouts of the parents are unknown, apetition may be filed after the 120th day following the discovery ofthe child and citation by publication may be commenced. The petitionmay not be heard until after the 180th day following the discoveryof the child.
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When I went through my orientation we were told that you can adopt if the parent was in mexico. So I know it is possible. THe case is definatly differant than most but mine was as well and the adoption still went through. I would file the case and would just talk to the social worker about the ins and outs of the case. Yes not having a father on the birth certificate makes an adoption easier. All You have to do is a search. And the child was concieved in a crime so I Think the adoption will go through.
elmagito
There is no father listed on the birth certificate as my wife was raped in Mexico.
im so sorry your wife had to go thru that horrible experiance.my friend went thru the same thing pretty much, she was raped, and soon after she discovered she was pregnant. fortunately, the child was NOT the product of the rape, and her husband adopted the child. gbu, and i hope everything works out.