Legal Question in Family Law in California

stepfather adopting 13 year old stepchild

If a stepfather wishes to adopt his 13 year old stepchild (with her permission) and the birth father refuses to answer either affirmative or negative to the child's request by letter, the mother's request by phone or in person, what action can be taken as to the adoption without the birth father's consent or refusal? The birth father is unemployed and an alcholic.


Asked on 9/11/99, 6:47 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: stepfather adopting 13 year old stepchild

Assuming the father was once married to the mother, or otherwise

is a presumed father under Family Code Section 7611, in order

to complete the adoption you must terminate the father's rights

under Family Code Section 7800 and following (especially 7822 or 7827),

or Section 8604(b).

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Answered on 9/13/99, 9:06 pm


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