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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 5
Do you have any Adoptions questions page 5 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

how do i regain custody of my kids

Answered 12 years ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
interesting question - the short answer is you could adopt them from her, if that makes sense. But there are about 100 questions that need to be answered before I could tell you if that is possible.  I guess the first one is:  under what circumstances did she adopt them?
interesting question - the short answer is you could adopt them from her, if that makes sense. But there are about 100 questions that need to be... Read More

How do I start the process of my boyfriend adopting my son

Answered 12 years ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Do you have plans on getting married to your boyfriend?  Step-parent adoptions are very common and easy to accomplish but you and your BF are not married so he is not a step-parent.    Assuming you and your BF do get married, will your boy's bio-father agree to the adoption.  That is the key to a simple and inexpensive step-parent adoption.   M. Miller ... Read More
Do you have plans on getting married to your boyfriend?  Step-parent adoptions are very common and easy to accomplish but you and your BF are... Read More

My lawyer was disbarred how can I get my adoption decree

Answered 12 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Start with the county court in the county in which the adoption occurred.  You will need to know the docket number of your case.  If the clerk is not able to help you, perhaps the clerk can give you direction as to where to get the documents you need. 
Start with the county court in the county in which the adoption occurred.  You will need to know the docket number of your case.  If the... Read More

I have found my child that was adopted

Answered 12 years and a month ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Go meet her !!  tell her that she needs to have her adopted parents permission, that she shouldn't be meeting with you without telling them and then go meet her.  Good luck with the meeting. 
Go meet her !!  tell her that she needs to have her adopted parents permission, that she shouldn't be meeting with you without telling them and... Read More

my graddaughter receives Social Security benefits due to her mom being murdered...if I adopt her will her benefits end?

Answered 12 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Generally speaking, an adoption should not result in the termination of SS death benefits. in these circumstances.  Do you have the birth father on board?   Mark Miller - adoption attorney - Jacksonville, Florida 904-390-1970
Generally speaking, an adoption should not result in the termination of SS death benefits. in these circumstances.  Do you have the birth father... Read More

How do I do a reverse adoption in Florida when the adoption was done in Illinois?

Answered 12 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Are you asking to undo the adoption?  If so, that would have to be in the Court that did the original adoption.  Very hard to do, in most cases. If you want someone else to adopt, you can proceed in Florida, assuming you and the child live in Florida.   Mark Miller - Adoption Attorney - Jacksonville, Florida - 904-390-1970    ... Read More
Are you asking to undo the adoption?  If so, that would have to be in the Court that did the original adoption.  Very hard to do, in most... Read More

Can my husband adopt my daughter without my ex(never married)signing away his rights? - florida

Answered 12 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
It can be done but you will likley need an attorney to get you there.  A lot depends on if the bio-dad is in agreement.  That is the key.  If he is agreement it can be done quickly and not too expensively.  If he is not in agreement, it can get pretty expensive and your ability to see the adoption through to the end can get complicated if bio-dad is not in agreement. Mark Miller - adoption attorney - 904-390-1970  ... Read More
It can be done but you will likley need an attorney to get you there.  A lot depends on if the bio-dad is in agreement.  That is the... Read More

Should my new wife adopt my two sons?

Answered 12 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Generally speaking, your wife's adoption of the boys will not affect their entitlement to SS death benefits.  Keep in mind, once the adoption is finalized, it is legally as if your current wife is and has always been their mother and a new birth certificate would say so.  If you two ever broke up, all family law rules would apply, so be sure your marriage is on solid ground.    Mark Miller - adoption attorney - Jacksonville, Florida 904-390-1970.... Read More
Generally speaking, your wife's adoption of the boys will not affect their entitlement to SS death benefits.  Keep in mind, once the adoption is... Read More

Can my husband adopt my daughter without consent of her biological father. I have sole parental responsibility with court ordered no contact.

Answered 12 years and 2 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
You can but you will likely need an experienced adoption attorney to help you.  The Court can find that he is unreasonably withholding his consent and proceed with the adoption but the facts have to be just right. There are some aspects that may make it tempting for the bio-dad to not object but these need to handled by an attorney who has gone down this road. It is not easy but it can be done.   A lot depends on the bio-dad's desire to fight or agree to the adoption. M. Miller 904-390-1970... Read More
You can but you will likely need an experienced adoption attorney to help you.  The Court can find that he is unreasonably withholding his... Read More

Can my fiancรฉ adopt my son in NY?

Answered 12 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
If the biological father refuses to consent to the adoption, the court will have to determine if the father has proven he has the requisite relationship to your son to prevent the adoption form occurring. This is a fact dependent inquiry, where unless the father had "substantial and continuous or repeated contact, his consent to the adoption will not be required. You should consult with counsel. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More
If the biological father refuses to consent to the adoption, the court will have to determine if the father has proven he has the requisite... Read More

Can we gain guardianship over a little girl who has lived in my house for 4 years. Her mom took her other daughter and son to their new home.

Answered 12 years and 2 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
You will have a difficult path toward guardianship, let alone adoption. You would have to petrition a court and demonstrate that the mother abandoned the child for four years. While not impossible, the longer you wait in getting into court, the more time the mother, who has rights as the 'natural guardian', can assert control over the child and try to prove she is a 'fit' mother. Gerry Wendrovsky, Esq.- Upper West Side Family Lawyer www.upperwestsidelawyer.com... Read More
You will have a difficult path toward guardianship, let alone adoption. You would have to petrition a court and demonstrate that the mother abandoned... Read More

What type of adoption doesn't require a home study?

Answered 12 years and 4 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
step-parent, relative adoptions (if the person adopting and the adoptee are closely related) and grandparent adoptions.
step-parent, relative adoptions (if the person adopting and the adoptee are closely related) and grandparent adoptions.

I have sole parental responsibility of my children will I need consent from the father to have my husband adopt my children?

Answered 12 years and 4 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
yes, you will need his consent.  There are some limited exceptions but generally speaking you can't do it without getting him involved.
yes, you will need his consent.  There are some limited exceptions but generally speaking you can't do it without getting him involved.
I think this can be by agreement of the parties outside of the adoption, which would make it easier to stop the visitation if it proves to be harmful to the children.  Grandparents have very limited rights in New  Jersey.  If your client is willing to allow the grandparent to visit, then your client can set the terms of the visitation or can say there will be no visitation.  I don't believe that has to be part of the adoption.  ... Read More
I think this can be by agreement of the parties outside of the adoption, which would make it easier to stop the visitation if it proves to be harmful... Read More

can an adopted dad ask refund from a biogical

Answered 12 years and 4 months ago by attorney Karen McManaway   |   1 Answer   |  Legal Topics: Adoptions
The answer is no.  When you adopt a child it is as if that child was born to you and the biological father does not exist.  When you adopted the child the biological father's rights were forever terminated and you are standing in his place.  Adoptions are final and you cannot go back later and ask the biological father for anything.  The child is yours now and forever no matter what!... Read More
The answer is no.  When you adopt a child it is as if that child was born to you and the biological father does not exist.  When you... Read More

Can I seek custody of a great nephew?

Answered 12 years and 4 months ago by attorney Karen McManaway   |   1 Answer   |  Legal Topics: Adoptions
The father has rights to his child.  However, if both mother and father relinquish their rights then you could adopt (if you are fit and proper and it would be in the child's best interest)  The father's rights can be terminated if he fails to visit within a 6 month period or fails to pay child support for a 6 month period.  However, he can still contest the termination and the adoption.  In that case the judge may go ahead terminate his rights or the judge may give him a chance to step up to the plate and be a father.  I also note that although he has a criminal background, it usually has to be rather serious crimes to terminate his rights based on crimes he has committed.... Read More
The father has rights to his child.  However, if both mother and father relinquish their rights then you could adopt (if you are fit and proper... Read More

Step Parent Adoption

Answered 12 years and 5 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
are in you Florida and if so, what part?  The easiest way to do a step-parent adoption is by consent.  That is the cheapest way, as well.  You'll likely need an attorney to navigate the process.  Unless he agrees, it won't be easy or cheap even though his rights will likely be terminated in the end.... Read More
are in you Florida and if so, what part?  The easiest way to do a step-parent adoption is by consent.  That is the cheapest way, as... Read More

This is a test from CS

Answered 12 years and 5 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Adoptions
Im not sure how to respond to this message, or what CS is testing.  
Im not sure how to respond to this message, or what CS is testing.  

Grandparents want to adopt my son papers has not went to court yet can I say no? I don't want my child to be adopted

Answered 12 years and 5 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
it sounds like you have a good case to show you signed under duress.  However, you better run to the Courthouse and make sure you let everyone know what happened.  Don't wait until it is too late.  If your rights have not already been terminated, you might be able to ask the Court to appoint an attorney.    ... Read More
it sounds like you have a good case to show you signed under duress.  However, you better run to the Courthouse and make sure you let everyone... Read More

Adoption Question Florida

Answered 12 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
Without knowing more, I would have to say you might have some problems with a legal document signed 12 years ago.  I am not saying they are not valid but the birth father could sure put up a decent fight.  there is a very good argument that the paperwork was valid back then and is still valid now.  and yes, the cost to get it accomplished now would still be prohibitive.  Do you know if your attorney filed anything with the courthouse before he died?   ... Read More
Without knowing more, I would have to say you might have some problems with a legal document signed 12 years ago.  I am not saying they are not... Read More

how does birthmom readopt her child she adopted to stepmom,while birthmom was under influence of meds

Answered 12 years and 7 months ago by Dr. Michael Gordon Sribnick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
First of all let me make it clear that I am a S.C. board certifed internist and attorney, and my answer is not to be taken as establishing a lawyer/client relationship.  In S.C. you would need to prove to the family court that the child was adopted by fraud by  the preponderance of the evidence.  Being under the influence of prescription pain pills may not constitute fraud, unless your attorney can prove fraud in the inducement or duress in signing away your parental rights.  Perponderance of the evidence means that it is more likely then not that fraud was incolved.  You do have rights, but you will need a good family law attorney to exercise those rights.  This is not the same standard as criminal fraud which must be proven beyond a reasonable doubt in S.C.  I hope this helps as my heart goes out to you. Michael G. Sribnick, M.D., J.D. Michael G. Sribnick, M.D., J.D., LLC www.michaelsribnicklaw.com... Read More
First of all let me make it clear that I am a S.C. board certifed internist and attorney, and my answer is not to be taken as establishing a... Read More

adoption of an adult child

Answered 12 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
yes, adult adoptions are relatively simple in Florida.  Would your step-mom be willing to come to florida for the final hearing?  If not, that is ok too, she can appear by phone. the only requirement that you need for the adoption is to let your biological parents of the hearing date, if they are still alive. If you don't know where your biological parents are at this time, it gets a little bit trickier but still doable.   Mark R. Miller  ... Read More
yes, adult adoptions are relatively simple in Florida.  Would your step-mom be willing to come to florida for the final hearing?  If not,... Read More

Would a Judge reverse a family adoption

Answered 12 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
it is unlikely the Judge will change his mind but if the Mom appeals, that is a different story.   I suspect that it was not sent to your attorney because your attorney's job was completed when the adoption was granted.  Make sure you let him/her know what you gotten.  Make sure you hire an attorney who has gone through this before.  This is a highly specialized area of law and you must have experience behind you.  ... Read More
it is unlikely the Judge will change his mind but if the Mom appeals, that is a different story.   I suspect that it was not sent to your... Read More

Can I adopy the doughter of my siter, she is 16 years old?

Answered 12 years and 7 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
can you restate your question.    
can you restate your question.    

Fighting an adoption case

Answered 12 years and 9 months ago by Mr. Mark Rowan Miller (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
it may be too late.  You say the adoption is already finalized?  How long has it been?  They would have needed to contact you about the adoption proceeding and if they told the judge they didn't know where you were And they did know where you were, you may be able to fight the adoption on the grounds of fraud.  IF you know the case number and the judge, you can write the Judge a letter saying that you just found out that the child has been adopted and they must have lied, it is possible the judge will appoint an attorney to represent you, but you have to ask.  ... Read More
it may be too late.  You say the adoption is already finalized?  How long has it been?  They would have needed to contact you about... Read More