QUESTION
Can my husband adopt my son if we are legal residents?
Asked on Dec 30th, 2011 on Immigration - New York
More details to this question:
I was never married to my five year old son's father. I am married to an American man and I want to know if he can adopt my son. We are in the US as fully legal residents and I have full custody of my child.
5 ANSWERS
Yes, he should be able to adopt your child. This is not really an immigration issue, however. You need to speak with an attorney who specializes in family/adoption law.
Answered on May 30th, 2013 at 10:12 PM
Immigration Law Attorney serving Los Angeles, CA
at
Law Offices of Alan R. Diamante APLC
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Yes if he has to. Why does he want to adopt?
Answered on May 30th, 2013 at 10:09 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You will need to comply with the adoption laws of the state where you reside. Biological fathers have rights in all states regardless of whether you were married to him so his parental rights will have to be terminated in order for your current spouse to adopt. Similarly he can also be held responsible for child support even if not married to you unless the child is adopted by your current spouse. You will need a family law attorney in the state where you are located but may want to reach out to the boy's father to see what he wants to do.
Answered on Jan 16th, 2012 at 7:09 PM
Criminal Law Attorney serving Newport Beach, CA
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Right Choice Law
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You husband may adopt your son but please ensure that you proceed with adoption through legal requirements based on the State laws and/or international laws if your son is living outside the U.S. I strongly recommend that you consult with both, adoption and an immigration attorney.
Answered on Jan 16th, 2012 at 8:31 AM
Leon Wildes
Yes. He can adopt your child.
Answered on Jan 13th, 2012 at 1:42 PM