Legal Question in Family Law in California

I have a 4 year old daughter who's biological father has never met her, and has been incarcerated since her birth. He is not listed on my child's birth certificate. He and I have had no contact for 4 and 1/2 years. I have recently gotten engaged to a man my daughter calls "daddy". I want my fiance to adopt my daughter. What forms/What type of adoption would this be? The forms all seem to point to "step-parent" adoptions, but do we really have to be married before he adopts?

Asked on 10/27/09, 5:10 pm

1 Answer from Attorneys

Erin Levine Levine Law Group, LLP

You would need to provide notice to the biological father. If he agrees to terminate his parental rights, then the step parent adoption will likely go fairly smooth provided you file an action for step parent adoption in your local superior court and follow all the court rules and procedures. Best of luck!

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Answered on 11/01/09, 6:27 pm

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