Legal Question in Family Law in Massachusetts

My husband would like to adopt my daughter, whom he has been raising. I doubt that her biological father would willing give up his rights without a good reason. So, I am wondering, what are the benefits for the father and me and my husband, if an adoption were to take place?


Asked on 3/23/10, 5:33 pm

2 Answers from Attorneys

If the biological father has no real relationship with your daughter, his benefit would be that he would not have any obligation for child support. Your ex would not have an custody rights in the event of your death, your husand as her adoptive father would have custody rights/ This assumes she is under 18.

Your husband would be her father and would have all the responsibilities of being the father.

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Answered on 3/28/10, 6:36 pm
Christopher Vaughn-Martel Charles River Law Partners, LLC

I think it is fantastic that your husband would like to adopt your daughter. Just to echo what attorney Roth has already said, if your daughter's biological father will consent to the adoption, he would have no ongoing financial or other obligations.

As you probably already know, an adoption would terminate the parental rights of your daughter's biological father, and create a legal and permanent parent-child relationship between your daughter and husband. If the biological father will consent by signing an adoption surrender, the process is made infinitely less complicated for you.

In the event of adoption, your husband would gain the legal right to identify as her legal parent. In the event something were to happen to you, he would automatically retain custodial rights (as opposed to naming and appointing a guardian). In the event that something were to happen to your husband, your daughter would be considered an heir with respect to your husband's estate. He would also gain the right to make important medical, educational, religious, and other life decisions in concert with you regarding your child.

My office charges a simple flat fee for uncontested co-parent adoption proceedings, and I would be more than happy to speak with you regarding your plans.

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Answered on 3/29/10, 6:59 am


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