Legal Question in Family Law in Missouri
Can my boyfriend of 10 yrs adopt my son without us being married?
1 Answer from Attorneys
It is not impossible for an unmarried male to adopt a child. It does not always matter what the relationship is with the mother, except to the extent that it affects the "child's best interests" test that the person petitioning to adopt must prove. If the biological or putative father is available for Notice of process, that would have to be accomplished and perhaps that man's parental rights might have to be terminated prior to the adoption being approved.
Generally, an adoptive parent steps into the place of the biological parent of that same gender. When a man adopts a boy, that boy loses is biological father, but retains his biological mother.
It is theoretically possible for an unmarried man to adopt a child that resides with its unwed mother. But, it is more difficult than where a single man tries to adopt a child that has neither biological parents in the picture. If your boyfriend is a married man, it might make it even more difficult for him to adopt your child, where your parental rights are not going to be terminated, or you are not expected to die soon, due to a known disease or illness.
If you are married, it would be even more difficult, (if not impossible) for your boyfriend to adopt your child where the parental rights of both you and your husband are not being terminated, even if you have terminal diagnosis.
Good luck