| |
You are here: Experts > Parenting/Family > Adoption > Adoption Issues > Adoption of 17 year old by father who raised him
Expert: Peter C. Winkler, CSW
Date: 5/13/2008
Subject: Adoption of 17 year old by father who raised him
Question
Hi Mr. Winkler,
My son is 17 and has been raised by my husband since he was 2 months old. My son's biological father is not in the picture but is still in a near-by town and his name is on the birth certificate. When my son was very young we tried to get permission from the biological father to have him adopted, but due to several issues, he wouldn't give permission. Now my son is 17, has a brother and two sisters and would like to be adopted by my husband, his "dad". Because he is 17, does he now have the right to be adopted with his own permission? Thank you for any help you can give.
Answer
Dear Tracie,
Since adoption laws vary from state to state, I would recommend that you meet with a lawyer in your state to discuss whether it would be possible to proceed with the adoption without your son's birthfathers' permission. If the child's birthfather failed to provide child support during the past 17 years, you would have a legal basis for requesting that the court terminate his rights. The birthfather could contest this, but if you have records of his failure to pay support it is quite possible that the court will terminate his legal rights and allow your husband to adopt him.
I also suggest that since your son wishes to be adopted, he should communicate that wish directly to his birthfather. Perhaps, if the boy's father feels guilty about failing to be a responsible parent, he will sign the relinquishment document.
Keep in mind that if the birthfather refuses to sign or contests the adoption in court, these things will run up your legal bill.
As I indicated, a lawyer in your state who does adoptions is in the best position to lay everything out for you and to give you an estimate of how much it will cost.
While I think it is a wonderful thing for a step-parent to adopt, in some cases it may not be the most practical thing to do. An alternative approach might be for your son to change his name legally or for you and your husband to draw up wills in which this son is named as an equal to your other children in regard to any inheritance.
Add to this Answer
Ask a Question
|
|
