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Hi all,
We would like some advise on step-parent adoption in California... I went through prenancy myself (no bio dad around), and bio-dad is not on bc. My son is 5 now and my husband has been involved in our lives since my son was 18 months. We have been married just over 2 years and my husband would like to adopt my son. We have questions about the process and are considering whether we should pursue adoption now or wait for more time to pass.
Bio dad has never been involved, however he is aware that he has a child, but has never established paternity. We have had no contact, no support, no communication - nothing from him for 3 and a half years. We also do not know where he is, however we have not conducted an extensive search.
Our question is about whether or not we are required to contact him for the adoption, given that there are no paternal rights that need to be relinquished? Second question is, if we are required to notify him and include him in the process, could we claim abandonment on his part? How difficult is that to pursue?
We're really trying to figure out how to proceed with this, and whether or not the timing is right.
We would appreciate any insight...
Thank you much.
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Nolo publishes a book specifically for stepparent adoptions in California, and from what I hear it is a wonderful resource. The book comes complete with the forms that you will need in order to do a stepparent adoption.
Go to Nolo.com and search for "how to adopt your stepchild in California" Amazon.com also sells the book.
He does need to be notified of the adoption. Paternity will have to be established and he will have to either consent to the adoption, or you will have to prove him unfit, which given the fact that he has not been involved in the child's life should not be a hard case for you at all.
The easiest way to get the adoption done, is if he willingly signs over his parental rights, which he does still have even though he is not on the birth certificate. If you cannot locate him to establish paternity you will have to publish a notice in the paper stating your intent to adopt, for him, and any other potential fathers (since paternity has not been established that is how it will be viewed) to see and come forward. This makes the process longer, as well as more costly, plus few enjoy having their personal business published in the paper for a month, but sometimes you just 'gotta do what you gotta do.'
If you can get the birth father to establish paternity, which is a simple DNA test, and then sign over his parental rights, you will have a fairly quick and easy stepparent adoption!
Good luck, and please keep us updated on your situation, it is always nice to hear how things turn out, as well as how the family is doing along the way!
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Nolo publishes a book specifically for stepparent adoptions in California, and from what I hear it is a wonderful resource. The book comes complete with the forms that you will need in order to do a stepparent adoption.
Go to Nolo.com and search for "how to adopt your stepchild in California" Amazon.com also sells the book.
He does need to be notified of the adoption. Paternity will have to be established and he will have to either consent to the adoption, or you will have to prove him unfit, which given the fact that he has not been involved in the child's life should not be a hard case for you at all.
The easiest way to get the adoption done, is if he willingly signs over his parental rights, which he does still have even though he is not on the birth certificate. If you cannot locate him to establish paternity you will have to publish a notice in the paper stating your intent to adopt, for him, and any other potential fathers (since paternity has not been established that is how it will be viewed) to see and come forward. This makes the process longer, as well as more costly, plus few enjoy having their personal business published in the paper for a month, but sometimes you just 'gotta do what you gotta do.'
If you can get the birth father to establish paternity, which is a simple DNA test, and then sign over his parental rights, you will have a fairly quick and easy stepparent adoption!
Good luck, and please keep us updated on your situation, it is always nice to hear how things turn out, as well as how the family is doing along the way!