can i adopt my girlfriend's child without being married

This article was co-authored by Clinton M. Sandvick, JD, PhD. Unmarried couples may adopt jointly, and unmarried people may adopt through a procedure known as a single-parent adoption. a married person who has been living apart from his or her spouse for at least 3 years before the adoption case is filed. You should be prepared to explain why you haven’t married and to make a good case for your fitness as a parent. While there are often no specific legal prohibitions against unmarried couples adopting children, you may find that adoption agencies are biased against unmarried couples, or make it more difficult for unmarried couples to adopt. This can happen when the person’s parents either give up their parental responsibilities to care for and make decisions for them or when a court ends parental responsibilities of the child’s legal parents. References. Need Help With Your Adoption Case? This article has been viewed 7,363 times. As such, if you and your girlfriend ever split up, then you would receive full custody of the daughter and your girlfriend … Unplanned pregnancies are not limited to single women or unmarried couples. Adoption is a court procedure by which an adult legally becomes the parent of someone who is not his or her biological child. We want to help you make sure that opening your heart and your life to a child is the right decision for the child and your family. California has long recognized the right of a stepparent to adopt the biological child of his or her spouse through a stepparent adoption, which terminates the parental rights of the other biological parent, which is often an ex-spouse of the parent retaining custody. So, how does the marital status of these unmarried parents affect their legal rights and what impact do the laws have on their children? In general, any single adult or a married couple jointly can be eligible to adopt. Remember that every parent involved has to sign this waiver. Otherwise she would have to give up her rights to so you could adopt. I … Visit Adoption Collateral Consequences. But, like other states, California has also allowed adults who are unmarried but in a relationship with a biological parent to adopt that parent’s child … Can I adopt his child? Your personal information as the adopting parent (e.g., your name, address, and relationship to the child), An indication of why you are filing in a particular court (e.g., you reside in that county or the child resides in that county), The type of adoption you are filing for (e.g., an independent, additional parent adoption), A statement saying you are suitable to adopt the child (e.g., you will support the child, you are of a suitable age, and and you will treat the child as your own). When the adopting couple is married, the adoption is usually readily approved. This report will give the judge important information he or she will use when deciding your case. For an overview of legal issues involving adoptions, including different options, such as agency and private adoptions, see the Adoption topic on Nolo’s website. If you live in a state that still follows this rule, you will have to marry your boyfriend or girlfriend before you adopt the child (i.e., become a stepparent). Although a PR Agreement can be entered, or an Order of the Family Court obtained, many prefer to adopt the child. If your stepchild’s father was married to your wife when the child was born or conceived, or if he became the legal father through an Affidavit of Parentage, you can use the Do-It-Yourself Stepparent Adoption tool to prepare the forms you need for a stepparent adoption. If you are considering one of these adoptions, you’d be wise to consult with a local family law attorney to get an evaluation of your rights. The law requires that you marry her if you want to adopt her child. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The U.S. Supreme Court's 2015 Obergefell v. Hodges ruling overturned all state bans on same-sex marriage, making marriage equality the law of the land. 2. (Another common type of relative adoption is adoption by grandparents, but stepparent adoption is far more common. 6. The health, safety, and protection of the child. If the couple separates, each has the right to petition a court for custody of (or visitation with) the child, and each has an obligation to provide child support. Include your email address to get a message when this question is answered. It is legal for single people to adopt children in many states. This article was co-authored by Clinton M. Sandvick, JD, PhD. Get a good family law attorney if you want to adopt. It will take a long time though if you want a baby. This means both have equal legal responsibilities to raise and support the child. Talk with friends and family and ensure they are on board with the adoption. To gain parental rights, including the right to object to adoption, biological fathers unmarried to the mother must not … You’ll state your desire to adopt your stepchild to a judge. Are You Being Pressured to Put Your Baby Up for Adoption? If the noncustodial parent is the father, the social service agency will determine whether his consent is needed before a stepparent or second-parent adoption can take place. Doctor of Law, University of Wisconsin-Madison. I was divorced once and it was such a huge betrayal, and I don’t think I could ever give someone the power over my livelihood that comes with having a child together again. But yes, single people can adopt in every state. After answering a few general questions about your legal issue, you will be put in contact with qualified lawyers in your area. For a list of local family law attorneys, see Nolo's Lawyer Directory. This could be the difference between having your adoption granted or denied. A father who signs a paternity statement, provides support (if he can), and maintains a relationship with his child, can probably prevent the child from being adopted by someone else. But when you are ready to file for the termination of his rights and adoption you will need to be married. The 16 Most Important People in Your Adoption Plan Dealing with Unsupportive Parents and Other Family Members "If I Want to Choose Adoption, Can I Be Forced to Keep My Baby?" Social service and government agencies often discriminate against unmarried couples, and adoption proceedings can often be complex (particularly if it’s a private adoption), so you’ll need to get some legal advice before you and your partner try to adopt. Adoption creates a parent-child relationship recognized for all purposes—including child support obligations, inheritance rights, and custody. Once you are married, a stepparent adoption is the way to go. One of the biggest parental rights is the right to consent or object to the adoption of one's child. You may not be allowed to adopt if you have a felony conviction. The court will ask your local council to provide a report on: Most people picture an "unwed mother" as a teenage girl, abandoned by her boyfriend as soon as her baby is conceived. Adoption is when an adult becomes the legal parent of another person, a child or an adult, who is not their biological child. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. If a child has a natural parent and is being adopted by the parent’s new spouse, the consent of the natural parent is not necessary. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. Even fewer countries will allow a single male to adopt a child from their country. In Oklahoma, single or married persons over the age of 21 can adopt a child. You can speak with the father prior to being married. Created by FindLaw's team of legal writers and editors | Last updated November 13, 2018. Unmarried People Want to Adopt Single and unmarried people are often open to adopting an older child or a child with special needs, while married couples often seek only to adopt a healthy newborn. The mental and physical health of you and the child. In some states, the information on this website may be considered a lawyer referral service. If an unmarried couple jointly adopts a child, or if one partner legally adopts the biological child of the other, both parents are legal parents. So the sooner you get this done the sooner you can get your forms filed before dad changes his mind if you can get him to agree. Sometimes the judge may ask the child’s opinion, depending on his or her age. If your coverage is through an employer group plan that provides benefits to children, you will be given at least 30 days to enroll the new dependent. You may have a longer wait for a child, or you may have to broaden your ideas about the age and type of child you want to adopt. Make sure your financials are in order (e.g., have a steady job and a good savings). Visit the courthouse where you plan on filing for adoption. If you cannot afford to hire a lawyer to represent you throughout the entire process, at least consult with one about the intricacies of co-parent adoptions. No, you cannot get it done by talking to the judge. This agreement will be attached to your adoption request. Adoption is the legal process of establishing a legal parent-child relationship when the adopting parent is not the child's biological or birth parent. While some states will have special courts to handle adoption matters, most states will handle these matters in their normal civil courts. If you are married, both you and your spouse must sign the petition. I haven’t started the groundwork but I have this in my mind for a long time. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. You may have heard of the recent Florida adoption case (Goodman v. Goodman) where a man tried to adopt his adult girlfriend in an effort to circumvent an irrevocable trust that was established for the benefit of his children when he and his ex-wife were still married. We use cookies to make wikiHow great. No, you do not need to be married to adopt a child, although you will need to check with an adoption professional if you are adopting internationally. This means both have equal legal responsibilities to raise and support the child. Apply for New Birth Certificate For example, clean your home and make sure it is child proof. In addition—especially if the child is a baby and the father has had little opportunity to support or visit the child—or has been prevented from doing so by the mother—he may be able to prevent the stepparent or second-parent adoption and petition the court to obtain visitation. An eligible child can be a biological child, adopted child, stepchild or foster child. The attorney listings on this site are paid attorney advertising. Thanks to all authors for creating a page that has been read 7,363 times. My sister is married and has a child. For example, in California, you will fill out Form ADOPT-210 by providing your personal information on the top of the form. Some countries will not let you adopt a child if you are single. There are 18 references cited in this article, which can be found at the bottom of the page. In addition, a stepparent can adopt the child of his or her spouse if the spouse has legal custody of the child. Unmarried mothers without custody must pay support if they can and visit the child—or face losing the child to a stepparent or second-parent adoption. So my wife wants to adopt a Child, and I want to let her; but I do not want to be (leagally speaking) part of it. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. At the same time, the decision to add a child to your family is serious and life changing. Please suggest. Most courts require you to be married at least a year before an adoption goes through. Remember, once a person does formally adopt a child, that person has all the legal rights and responsibilities of a biological parent, whether the adopting parent is a partner who legally adopts the biological child of an unmarried partner or part of an unmarried couple that jointly adopts a child. However, a majority of unmarried parents are adults and are frequently in committed relationships even if they are not married. Adoption in New York Reviewed August 2009 He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. In general, you should expect to do extra work to prove that your home is a stable and healthy environment for raising children. By using our site, you agree to our, {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/3\/33\/Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg\/v4-460px-Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg","bigUrl":"\/images\/thumb\/3\/33\/Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg\/aid7896814-v4-728px-Adopt-the-Child-of-a-Boyfriend-or-Girlfriend-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":728,"bigHeight":546,"licensing":"