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In most situations, your ex’s new husband or wife cannot adopt your child unless you voluntarily consent to the adoption. In approximately 11 States, American Samoa, and the District of Columbia, there are no additional conditions specified. I am pregnant again and its with my boyfriend for sure and I want him to adopt my son who he treats like his own anyway. He is not on the birth certificate, and hasn't given me a penny in child support. In addition, a stepparent can adopt the child of his or her spouse if the spouse has legal custody of the child. If you and Mom had married and stayed married, a step-parent adoption could have been done, but you cannot adopt the child now. So my boyfriend and I have steady been together for 4 years. Had affair with this woman, now tells me i am father of her child, she wants nothing from me, no childsupport or help, but tells me i can see child anytime i want to, even sends me pictures. First you have to terminate your ex's parental rights, then you can proceed with the adoption by your husband. Once your boyfriend adopts your children, your ex becomes a legal stranger to them. I have physical and sole custody of my daughter. My ex husband is no where tobe found he doesn't call or come by and pays no child support even though I have a court order. Contact an attorney; I want to adopt my spouse's birth children. Can I adopt his child? In order for a child to be adopted, consent must be given by the child’s biological parents. The father's consent, if known, would be necessary unless he's failed to communicate with the child without just cause for a period of 6 months or more, or unless he's failed to comply with a court order of support for the same period of time. 07-04-2012, 08:34 AM #3. But every lawyer tells us this is impossible to make happen. Can my boyfriend adopt my daughter? It is not difficult as other types of child adoption, but there are still steps that must be taken. My ex and I want to legally make Chris my son. 1. No, you cannot adopt your ex's child, even if her parents are onboard. Mr. Knowitall. He duty to pay current child support also ends at that time (however, he would still be responsible for paying any past due support if an child support order was in place before the adoption). Generally, you and your boyfriend would need to be married before the intrafamily adoption process can begin. we now have our own daughter together and i have a daughter with someone else who has been absent from the beginning. couple jointly can be eligible to adopt. Can my ex's new husband adopt my child in ohio without my concent? Can my ex adopt my child? When your ex-spouse gets remarried, the challenges may become even greater, particularly if his or her new spouse expresses the desire to legally adopt your child. Need help with your adoption case? I am looking to terminate her biological fathers rights completely so my boyfriend can adopt her. 2. My partner and I are a same-sex couple. I'd be happy to help. No one can adopt your child without your consent, unless your parental rights are terminated. Well the boyfriend has been there since day one and my son is now 3 and knows him as dad. How difficult is it to adopt stepchildren? It will be hard for a judge to say "I'm going to terminate bio dad's rights so your ex husband can adopt your son" You will need to find a lawyer who is willing to tackle this and that will be hard to find. My daughters biological father has not been there since day one. The Texas Family Code conveniently allows you to combine the two cases into one, however, you may not want to do that. Discuss adoption with other Netmums, and get support and advice from those who have been through the adoption process. A Stepparent Adoption Usually Requires Your Approval. 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