Common Adoption Questions

Can I adopt my step child?
Yes. Your spouse can petition to have parental rights over the child removed. This can be difficult and the child’s second parent has the legal right to receive all papers and object to the adoption. 
 

If an affidavit is filed in court stating that you would like to adopt the child, the court may be more open to the idea of adoption. The fact that you have been raising the child up until now may cause the courts to consider you to be the child's legal guardian. It may be to your advantage as well if the other parent is no longer paying child support. Check with an experienced adoption lawyer for more information.  
 

Can I Be Forced to Put My Baby Up For Adoption?
No. Although no one can force you to put your baby up for adoption, you should get a custody and child support order case started so that you legally have full custody. Starting this process early can help avoid problems in the future. 
 

How Can I Find Out if an Adoption is Being Filed With a Court? Can I Stop the Process If the Person Who Signed Was Unaware of Giving Up Parental Rights? 
In a case like this the court may have already sealed the proceedings. One option you have is to file an ethics complaint against the lawyer who drew up the papers. Try to find out from the family court which judge has been assigned to handle the adoption. 
 

You can file an order showing that you did not voluntary surrender your parental rights. It is important to never sign any important documents without having an attorney explain what they mean. 
 

What Happens in an Adoption if I Do Not Know Who the Birth Father is? 
The rights of the birth father must be terminated as with any other adoption case. Attempts should be made to identify him in some way through the help of legal counsel. 
 

If he truly cannot be identified, the birth mother will have to testify in court at the release hearing to explain the situation and tell the court why the birth father cannot be identified. 
 

If the judge or referee accepts her testimony, the parental rights of the unknown father will be terminated so the adoption can be completed.
 

What Does an Unfit Parent Mean?
Whether a parent will be labeled as unfit, is determined by specific state laws. A general definition of an unfit parent would be one who has not had regular contact with the child or has failed to help support the child in any way. An unfit parent would include one who has been abusive towards the child or has failed to provide adequate care for the child. 
 

What States Allow Adoptions By Gay, Lesbian, Bi-Sexual, and Transgender/Transsexual Individuals? 
 Most states allow gay, lesbian, bi-sexual, and transgender/transsexual individuals to adopt except for Florida and Arkansas. Missouri and North Dakota laws are in transition so specific laws should be checked when considering adoption. Each state should also be checked for specific laws regarding single parent, second-parent, and joint parent adoptions.