Legal Question in Family Law in Michigan
Adoption
I have a one month old son and my fiance would like to adopt him. I was wondering how to go about doing this. The situation is: the biological father did not sign paternity papers at the hospital and is not on the birth certificate and is willing to sign rights off. The problem is he lives in Texas. Can my fiance adopt without us being married? Or at least get the process started? How much does something like this cost? How long does the process take? Any recommendation on a lawyer in the Lansing, MI area?
1 Answer from Attorneys
Re: Adoption
It shouldn't matter that your ex is in Texas as long as he can be served, especially if he is going to voluntarily agree to terminate his rights. A consent to terminate rights can be signed in any state, it merely has to follow Michigan's requirements to make it proper. It may be difficult to effectuate the adoption prior to your marriage, but the process can take a month or two due to the fact that you have to get the father served, and the judge may want to appoint a guardian ad litem to investigate whether this is in the best interests of the child. It isn't always the case that that happens, especially in a step-parent adoption case like this. But if you aren't married yet at the time, that may trigger the need for a guardian ad litem. I am located in Mt. Pleasant, but would take a Lansing case if you don't mind that I'm an hour+ away, otherwise I'd be happy to get you a referral to someone in the lansing area.