Legal Question in Family Law in California
How to go about adopting out-of-wedlock children?
My wife and I have been married a little over 2 yrs. We have come to a point where we would like the children to have my last name, and be legally my children. I have been finacialy responible for the childeren since 97 and have been emotionally there since the year of 95. Their biological father has not tried to contact them for almost four years and hasn't payed child support for five years. What would I have to do to start the adoption process?
2 Answers from Attorneys
Re: How to go about adopting out-of-wedlock children?
It is fairly simple to file a step parent adoption. The petition is a pre printed form you can get on the internet. However the fathers rights have to be terminated. If there is a court order finding him to be the father, he is on the birth certificate, or held the child out to be his own, then it is more difficult to terminate his rights. you can terminate them on abondonment. If he is only an alleged father (no court order, no marriage, and never seen the child), then the procedure is much simpler. He can be served with a "notice to alleged father" if you know his whereabouts. If not, file an application and order to determine the necessity of consent of alleged natural father(also prepreinted form). The courts routinely terminate alleged fathers that have had no contact and have not supported the child.
Re: How to go about adopting out-of-wedlock children?
You must either sever the parent-child relationship between the kids and their father (this is a court procedure) or you must have the consent of the father to adopt.
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