Adoptions Legal Questions

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197 legal questions have been posted about adoptions by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Adoptions Questions & Legal Answers - Page 4
Do you have any Adoptions questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 197 previously answered Adoptions questions.

Recent Legal Answers

if someone related to me gets guardian ship over a minor but I want to adopt that minor what do I do if they are willing to sign guardianship over ?

Answered 11 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
That is a complicated question.  How old is the child and why is there a guardianship over the child?  Do the parents of the child want you to adopt? 
That is a complicated question.  How old is the child and why is there a guardianship over the child?  Do the parents of the child want you... Read More

is this case worthy?

Answered 11 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
I do not believe you would have any rights to adopt this baby if the biological mother has agreed to allow some one else to adopt him.  She would also have to get the consent of the biological father.  She has parental rights, and has the right to choose who adopts her baby. ... Read More
I do not believe you would have any rights to adopt this baby if the biological mother has agreed to allow some one else to adopt him.  She... Read More

How can I find out if my children were adopted

Answered 11 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
The child could not have been adopted without you receiving notice.  If you are paying child support, your contact information is known to the court.  Go to the county court in which the children live, and see if there was any adoption complaint filed. 
The child could not have been adopted without you receiving notice.  If you are paying child support, your contact information is known to the... Read More
In order to do a guardianship, a person is found legally incapacitated, I don't think you want that.  You are an adult, you can choose to live with your aunt, or you can give her a power of attorney so she can help you or she can become your conservator, but if you are not developmentally disabled, have special needs, or some other issue that renders you incapacitated, you should not do a guardianship. ... Read More
In order to do a guardianship, a person is found legally incapacitated, I don't think you want that.  You are an adult, you can choose to live... Read More
I'm not sure you are going to be able to get any medical records, if its not part of a court proceeding.  If your mother was claiming child support, or there was a paternity issue, then medical records, or at least a DNA test could be ordered.  Without that,  I'm not sure there are any circumstances under which you can require production of the medical records. ... Read More
I'm not sure you are going to be able to get any medical records, if its not part of a court proceeding.  If your mother was claiming child... Read More

how to adopt your unmarried partners child

Answered 11 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
I think you will need a lawyer to do this.  I don't know what you mean by "signed his right over".  The biological father will still have to be notified of the adoption and would still have the right to appear and object, although I don't think the objections would be given much merit if he has not seen the child and signed something believing he was giving up his rights to the child. ... Read More
I think you will need a lawyer to do this.  I don't know what you mean by "signed his right over".  The biological father will still have... Read More

In a step parent adoption in Florida, it ask for any related cases if they are relevant. What kind of cases does this include?

Answered 11 years and 6 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
any case that involved/involves the children.  Child support, injunctions, custody, divorce....Mark Miller
any case that involved/involves the children.  Child support, injunctions, custody, divorce....Mark Miller

Overturning an adoption

Answered 11 years and 6 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
what you are describing is coercion and that is one of the two grounds to get an adoption set aside but you have to make the objection within a year.  How long ago did this happen?  Where did it happen and how was the agency that did the adoption?   Mark Miller
what you are describing is coercion and that is one of the two grounds to get an adoption set aside but you have to make the objection within a... Read More

How can I obtain my records from an adoption?

Answered 11 years and 6 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
You would have to petition the chief judge in the county that the adoption was finalized in and ask the Court to review the records and provide any medcial records (redacted).  You would need to contact an attorney in the county where the adoption was finalized and it would be best to find one that does adoption work.  If you can't find an attorney who can help, let me know.    Mark Miller... Read More
You would have to petition the chief judge in the county that the adoption was finalized in and ask the Court to review the records and provide any... Read More

How old is too old for a foreign adoptee to be adopted?

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Yes !!  New Jersey - like most states, allows for adult adoptions.  The person adopting you has to be at least ten years aolder than you, but you can be any age, there is no limit.  Its easy to do an adult adoption because you don't have to get the consent of the birth parents, because you are an adult and can consent for yourself. ... Read More
Yes !!  New Jersey - like most states, allows for adult adoptions.  The person adopting you has to be at least ten years aolder than you,... Read More

can i void a adoption

Answered 11 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
When did the adoption occur, where did the adoption occur, and on what grounds do you think the adoption can be voided. 
When did the adoption occur, where did the adoption occur, and on what grounds do you think the adoption can be voided. 

Help finding whether I can undo an adoption after 1 year and 3 months!!.

Answered 11 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
In Florida, there is a one year rule that states to undo any adoption, you MUST take action within one year.    In what jurisdiction were you adopted?  If the adoption occured in CT, you need to ask a CT lawyer asap.
In Florida, there is a one year rule that states to undo any adoption, you MUST take action within one year.    In what jurisdiction... Read More

In the state of Florida, is there a statute of limitations for determining paternity if the child was placed for adoption at birth?

Answered 11 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Generally speaking, unless there was something in his will that mentioned you or even unnamed children adopted, it is very unlikely you would have any legal claim to any inheritence.  They may just be embarassed if anything comes up that might harm his repuation.   Other than getting a relative to help you with DNA, I can't think of any legal way to determine if he is your father.  Your parents have no idea who your biological parents are?... Read More
Generally speaking, unless there was something in his will that mentioned you or even unnamed children adopted, it is very unlikely you would have... Read More

who do we proceed to get our grandsons adopted?

Answered 11 years and 8 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
questions before I can answer - who is the father of the two year old.  Will he agree to the adoption?  What county is the child's case in?  The name on the birth certificate creates the presumption that he is the father but if you know otherwise, then you need to deal with him. Why do you think the guy on the BC is not the father.  Was she married to the guy on the birth certicate?... Read More
questions before I can answer - who is the father of the two year old.  Will he agree to the adoption?  What county is the child's case... Read More

Can a stepparent adopt if biological parent is no where to be found?

Answered 11 years and 8 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
the fact that she had her rights terminated once before can be the grounds for termination on another child.  That gets complicated.  Do you suppose there is any chance she would agree to terminate? 
the fact that she had her rights terminated once before can be the grounds for termination on another child.  That gets complicated.  Do... Read More

Step Parent Adoption

Answered 11 years and 8 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
yes and no.  there are cases where you can terminate rights in these circumstances, but you are going to need to serve her with paperwork.  It is unlikley the Judge would do it so quickly.  If after a signifigant period of time she continues to be missing, then you might have a better chance.  5 months is just not long enough to terminate rights.... Read More
yes and no.  there are cases where you can terminate rights in these circumstances, but you are going to need to serve her with paperwork. ... Read More
If you are only 16 you are not legally an adult and cannot file for yourself.  You would have to retain an attorney to act on your behalf  and your parents would have to agree to allow it to happen.  In some states you file to become emancipated, but in New Jersey, emancipation is only so that a parent does not have to pay child support to the ex-spouse.  There aren't any forms you can file to become emancipated.... Read More
If you are only 16 you are not legally an adult and cannot file for yourself.  You would have to retain an attorney to act on your behalf ... Read More

how to get records on adopted brother

Answered 11 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Unfortunately, your mother probably did not have to sign anything but instead the State either took custody of the child and placed him or they actually severed her parental rights and did the adoption through what used to be called DYFS Division of Youth and Family Services.  It is now called Division of Child Protection and Permanency. You should start with that office as to any open case/file they may have for your mother or brother.   Good luck. ... Read More
Unfortunately, your mother probably did not have to sign anything but instead the State either took custody of the child and placed him or they... Read More

can we adopt if my husband has a felony that is 10 yr old

Answered 11 years and 10 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
that shouldn't be a problem.  look for a home study provider in your area and ask if that will be a problem.  since it is that old, it shouldn't be an issue.
that shouldn't be a problem.  look for a home study provider in your area and ask if that will be a problem.  since it is that old, it... Read More

how can i stop an adoption

Answered 11 years and 10 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
does your daughter want to undo the adoption?
does your daughter want to undo the adoption?

Can permanent resident of USA adopt an illegal adult?

Answered 11 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Yes! Every stae in the USA allows for adults to be adopted.  Many states have requirements such as New Jersey! That the person doing the adopting has to be at least 10 years older Thant the person being adopted.  Good luck. 
Yes! Every stae in the USA allows for adults to be adopted.  Many states have requirements such as New Jersey! That the person doing the... Read More

I am having a baby for a friend, we agreed to certain terms for the adoption but I want them in writting. can stipulations be put in an adoption?

Answered 11 years and 10 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
You must have an experienced adoption attorney handle this situation for you.  This is not something that can be done without an attorney.  Your friend should be willing to retain an attorney that will write up the agreement and disclose the rules of adoption in Florida.  Everyone involved will greatly regret NOT having an attorney involved in the process.   Mark Miller Jacksonville, Florida 904-390-1970 miller@fordmiller.com... Read More
You must have an experienced adoption attorney handle this situation for you.  This is not something that can be done without an attorney. ... Read More

is an adoption legal without both parents consent?

Answered 11 years and 10 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
the rules were quite different back in 1991.  Do you know if they were adopted or just placed in foster care?  
the rules were quite different back in 1991.  Do you know if they were adopted or just placed in foster care?  

Step child adoption

Answered 12 years ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
In this case, your ability to adopt is very easy, assuming your wife wants you to adopt.  How old is your step-daughter? If she is over 12, she will need to consent, as well. Yes, she will still receive SSI after the adoption.   M. Miller miller@fordmiller.com Jacksonville
In this case, your ability to adopt is very easy, assuming your wife wants you to adopt.  How old is your step-daughter? If she is over 12, she... Read More

Do I need my biological father's consent for my step-father to adopt me as an asult?

Answered 12 years ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
a name change is easier and cheaper.  But if you want to be adopted by your step-dad because it is more meaningful, you can but you will need to locate your bio-father and give him notice (it doesn't matter if he objects or not, he is entitled to notice.  even if he obejcts, he cannot stop the adoption.... Read More
a name change is easier and cheaper.  But if you want to be adopted by your step-dad because it is more meaningful, you can but you will need to... Read More