Legal Question in Family Law in Minnesota

Re: Custody/Adoption question

Thank you for your interesting, and frankly, difficult question.

First, an adoption under these circumstances is far more difficult, and complicated, that you may realize. I have handled many adoptions throughout Minnesota, including step-parent adoptions (which are usually the simplest of adoption cases), and private placement adoptions (potentially more difficult).

Adopting a child under any circumstances is not something so simple as finding a willing father, completing a few forms, and sending it all off to the court. The biological father must consent to the adoption, and if he cannot be located, then the Court must terminate his parental rights (after notice through the father's registry, among other things) based on neglect or another legal basis. Further, the "new father" must complete a background check, and a social worker must complete an adoption study that evaluates the parties' homes, relationship with the child, etc.

If he does not plan to live with the mother, and has no relationship with her, the Court, and the investigating social worker, may have trouble with the adoption. All in all, the process will take at least six months (or more)to complete, and will realistically cost $2,000 or more. The out of pocket costs for an adoption home study (if done privately), publication costs (father's registry, etc, to notify the biological father, if necessary), and court filing fees will likely total about $2,000. Attorney's fees would be in addition to that, and depending on the facts, would start at about $1,000.

Second, assuming an adoption is granted (and that's a huge assumption, in my mind), whether your future husband would have a child support obligation depends upon the custodial relationship with the biological mother. If he had primary responsibility for the care of the child, it is possible the mother would owe an obligation of support to him.

I know your boyfriend may have his heart in the "right place," but this sounds like a pipe dream to me. The legal hurdles, given his presumed marriage to you, suggest the anticipated adoption is unreasonable and may not survive the scrutiny of a social worker and the court. And remember, all of this presumes the biological father consents to the adoption, or that his parental rights are otherwise terminated. This alone may make this impossible.

If you or your boyfriend require further assistance you may feel free to contact me. My contact information is below.

Thank you for your question.