Other Topics: How do I adopt a child? What are the types of adoption? What about telling the other parent? Does everyone have to agree to the adoption?

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Does everyone have to agree to the adoption?

In a stepparent or domestic partner adoption, does the child's other parent have to agree to the adoption?

What if my children's other birth parent doesn't agree to the step-parent adoption?

Does the child have to agree to the adoption?

If I am the only parent listed on the birth certificate for my child, do I still need the consent of the other parent?

In a stepparent

Yes. But, there are a few cases when you may not need the other parent to agree. If the child's other parent will not agree, click here

If you can't find the other birth parent, click here.

If you are not sure who your child's other birth parent is (like if there could be two fathers, or if one man is the biological father but another man raised your child for years), talk to a lawyer. Click here for help finding a lawyer.

What if my child's other birth parent does not agree (consent) to the stepparent/domestic partner adoption?

In most cases, you can't ask for a stepparent or domestic partner adoption if the other birth parent of the child does not agree to the adoption.

But, in very few cases, like when the other birth parent has abandoned the child for over a year and has not paid any child support or seen or talked to the child, you can ask for stepparent adoption.

To do this, you have to properly serve (opens in new window) the other birth parent with the adoption notice (citation) (opens in new window) and the other birth parent will have to show up on the court date and object to the adoption. The judge will make the final decision based on the best interests of the child.

These cases are complicated. Talk to a lawyer to make sure you follow the right steps. Click here for help finding a lawyer.

Does the child have to agree to the adoption?

If the child is 12 or older, he or she must agree to the adoption before the judge will order the adoption. Children under 12 do not have to agree.

If I am the only parent listed on the birth certificate for my child, do I still need the consent of the other parent?

Yes.

1. Even if you don't know who or where your child's other parent is, you will have to try to find him/her and get their consent, or get a court order ending the other parent's parental rights.
2. Talk to a lawyer to make sure you know what the legal rights of the other parent are in your case. Then you will know what you must do to complete the adoption legally.

Except: If your child was conceived through artificial insemination with an anonymous donor, and you were the only person involved in the entire process, the only person to sign all the sperm bank and hospital records, and you weren't married or with a domestic partner, then you probably don't need to get anyone else's consent. But talk to a lawyer to make sure.

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Last modified: 03/17/2008

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