Legal Question in Family Law in California

I am a usa resident, I am married to an american citizen. I have a son who is also a usa resident for 4 years. My husband wants to adopt my son. He is 7 years old. His biological father lives in Peru and we havent had any contact from him for 6 years. My son is Peruvian. We live in California.

Can my husband adopt my son from USA?

My son calls my husband dad and he is the only father figure he has seen.

Thanks.


Asked on 10/19/09, 2:31 am

2 Answers from Attorneys

James Chau Law Offices James Chau

For any adoption with the other parent still alive, you would need their consent to have the papers finalized. I don't believe its possible to adopt a child who still has living parents, or without their consent. It seems very likely if you were able to do it, the adoption would be over turned in the future.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 10/19/09, 2:02 pm

Actually if the father has abandoned the child it is possible. The court will require you to explain and prove that the father has abandoned the child, and will require you to make just about every possible effort to find the father and get his consent, and you will have to prove to the court that you really did make the efforts the court requires. There may also be Peruvian laws I don't know about that would be honored by the U.S. courts that would block the adoption. It is also possible after all that, and if the adoption is granted, that the father could show up and have it reversed. But if you are willing to go to all that effort, and understand that it could at least in theory be undone even after it is done, you should be able to get the adoption done in the US if there is not a Peruvian law and a treaty blocking it. Bottom line: you're going to need a good lawyer on this one.

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Answered on 10/19/09, 3:57 pm


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