Legal Question in Family Law in Indiana

Stepfather adoption

I met my ex-husband when my son was 5 months old. Since then my ex has taken care of my son as if he was his own, my ex and I had 2 girls in the marriage and even after the divorce he treats my son as his own. He takes him on weekends and buys for him for holidays and birthdays. My sons biological father has not even laid eyes on him since he was 3 and 1/2. He called 3 years ago and said he wanted to see him, I told him to give me a couple of days to explain to my son who his ''real father'' was. I did this and to this day his biological father has not called or seen him. My question is, can my ex-husband, the only father my son has known, adopt him?


Asked on 12/07/03, 6:49 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Stepfather adoption

Your former spouse could have adopted your child during your marriage. Since your are now divorced, if he were to adopt, he would become your child's only parent (terminating both the rights of the biological father and of you as the mother). The only time the parent retains rights in the child who is adopted is where the step-parent adopts.

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Answered on 12/08/03, 11:04 am


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