Legal Question in Immigration Law in California

Re: My wife's son

There are two ways adoptions can take place in which required financial reponsibility for the unrelated minor at issue can be legally imposed and established. One is by virtue of specific intent to adopt, and must be formalized by following the specific statutory guidelines of the State. The second way is thru what is called an "equitable adoption". "Equitable adoption" (also called "putative" or "constuctive" adoption) occurs in the situation where a parent makes certain promises or acts in a certain manner so as to create a contract between the parent and child. Equitable adoption occurs without a formal legal procedure, in other words, a parent can say or do certain things that result in the adoption of another person as his/her child even though there is no court order establishing the adoption. For example, a parent could take a minor into his/her home, and act as if s/he is the parent of the child for many years, all without ever going to court to formalize this arrangement. In such a situation there is no court order which formally states that the rights and obligations of the natural parents have been terminated and that the adoptive parents must assume these obligations and rights. Instead of being a matter of law, the principles of equity hold this parent as if he or she had formally adopted the child.

If you would like more specific assistance or clarification on your rights/protections in this situation, contact us today.

Re: My wife's son

The response given you by the other attorney regarding adoption law is unnecessary. Here's why. You didn't say in your question if your wife is the petitioner for the child, but if she is, then she must sign the Affidavit of Support as part of the immigration papers required, agreeing to be financially responsible for the kid. If your wife's sole income isn't enough she can get a relative or friend to be a joint sponsor. When the child gets here, he/she will live with your wife and you but you haven't adopted him/her; adoption has nothing to do with it. On the other hand, if you are the petitioner for the child then you must also sign the Affidavit of Support and are financially responsible for him/her. The kid would be your stepchild but, again, there's no formal adoption here.