Legal Question in Family Law in California

I would like to adopt my stepson, I have been married to his birth father since minor was 5 years old. Birth mother left them after Divorce and did not have contact with minor. She also provided an Affidavit that she is fine with my husband having the permanent guardianship of minor. The local court granted my husband with the sole custody. Would that be sufficient to adopt my stepson without written consent from birth parent (biological mother), she re-married as well and it would be difficult and inappropriate to contact her due to local customs.

Asked on 7/13/21, 2:23 am

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

The court is not going to allow you to adopt the child without proof of notice to the biological mother and either her consent or failure to respond to the notice. It is a formal and mandatory part of the adoption court proceedings.

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Answered on 7/15/21, 3:26 pm

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