Legal Question in Family Law in Minnesota

On Adoption was never finalized....

Let me clarify, I am the ''adopted'' step parent in this situation, my ex is his biological mother, while we were married we started the adoption process, have since divorced ,and I just found out it was never filed with the state or finalized, I can't even get his birth certificate from the state because I am not listed as his father, his social security card is still in his ''old name'' nothing was legally changed. Am I still responsible for him?


Asked on 6/09/09, 10:17 pm

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: On Adoption was never finalized....

First, it is not clear whether this is a WA or MN case. If it is a WA adoption, adoption is controlled by the court, and if the final order was not entered you are not the adoptive parent. It is unclear to what degree the process of adoption had progressed. If the action is filed and has not been dismissed, I would advocate your getting into the record a notice withdrawing your name as potential adoptive parent. Again, it is not clear whether this is a WA or MN case. If it is a WA dissolution of marriage, I would ask whether there was a parenting plan (FPP) and order of support (ORS) entered in the divorce that defines your obligations to the child. If there are a FPP and ORS then you need to do a motion to vacate the parenting plan and order of support. If either of these matters are MN cases you need to get an answer from a MN atty on that situation.

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Answered on 6/10/09, 6:43 pm


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