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My husband is an active duty soldier in the Army. We have been married since March 2010. I have a 2 year old daughter and he wants to adopt her. I do not know who her bio dad is- it was a one night stand thing while in college after I broke up with my then-boyfriend. Anyway, she has my maiden name and obviously her dad has his name on nothing. Will my husband be able to adopt her? If so, how do we go about doing so? We are stationed at Fort Bragg. Thank you in advance.
It will depend on the law of the state where you and your husband are residents. (Remember, you may or may not be residents of North Carolina, or any other state, just because you're stationed there. Check with your base legal services office.) In Virginia, we have some procedures for stepparent adoptions (and even some other adoptions) without biological father consent when the biological father's identity may not be known.
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Laws will vary by state; My husband adopted my daughter several years ago. Our first step was obtaining an family law attorney who had experience with step-parent adoptions. You may or may not have to undergo a homestudy (we didn't but our state now requires homestudies for step-parent adoptions). Her biological father didn't even show up for court; his rights were terminated and my husband adopted her all in a manner of minutes.
I would definately check with the legal services at Fort Bragg for additional information on how to proceed.