Adoption of spouse's child?

[mmmb1111 0]

Hi all,

I am a US citizen and currently in the process of applying for a K-1 visa for my fiance. She has a 4-year-old son but has never been married and has full custody of her child. They will both come to the US when the K-1/K-2 visa is approved. I want to formally adopt her son so that we are both his legal parents, but it has been difficult to find information about this type of situation. Do I need to adopt him from his native country (Mongolia) or can I adopt in the US after he is a permanent resident?

Thanks!

[aaron2020 11,651]

You can adopt him in the US. The process for a step parent adopting a spouse's child is fairly simple.

The biggest hurdle will be providing notice to the father if he is known. The adoption would end his parental rights so the court will require you to show the father gives his permission for the adoption or can not be found.

[JimmyHou 611]

You can adopt him in the US. The process for a step parent adopting a spouse's child is fairly simple.

The biggest hurdle will be providing notice to the father if he is known. The adoption would end his parental rights so the court will require you to show the father gives his permission for the adoption or can not be found.

As per the original post, the mother has full custody. If this can be documented, then doesn't it mean that there is no requirement to provide the biological father with notice or obtain his permission?

Edited January 28, 2015 by JimmyHou

[Ontarkie 14,221]

As per the original post, the mother has full custody. If this can be documented, then doesn't it mean that there is no requirement to provide the biological father with notice or obtain his permission?

Full custody doesn't always mean the other parent has no access or rights. I have full custody of my older four but their father still has rights to them( 3 are over 18 now though).

Adoption for us was not possible as Canada makes it very hard to remove the other parents rights if they don't give them up.

So it will depend on how custody works in the birth country.

Edited January 28, 2015 by Ontarkie

[JimmyHou 611]

Full custody doesn't always mean the other parent has no access or rights. I have full custody of my older four but their father still has rights to them( 3 are over 18 now though).

Adoption for us was not possible as Canada makes it very hard to remove the other parents rights if they don't give them up.

So it will depend on how custody works in the birth country.

Got it. Thanks!

[mmmb1111 0]

Thanks for the replies. When I said she has full custody, I meant the father is not even on the birth certificate -- as far as I can tell there is no official record of who he is. Does that change the process in the US?

[N-o-l-a 7,167]

Thanks for the replies. When I said she has full custody, I meant the father is not even on the birth certificate -- as far as I can tell there is no official record of who he is. Does that change the process in the US?

I think it would be best that you consult with a lawyer to really figure out the details of the case. Because your case involves multiple countries and you seem to have not researched it yourself with the state you currently reside in, it might be best to have a professional do it.

[NikLR 13,227]

Thanks for the replies. When I said she has full custody, I meant the father is not even on the birth certificate -- as far as I can tell there is no official record of who he is. Does that change the process in the US?

It doesn't necessarily mean that changes the process. Like Nola suggested, get a family law lawyer to help yourselves through this process.

[aaron2020 11,651]

Thanks for the replies. When I said she has full custody, I meant the father is not even on the birth certificate -- as far as I can tell there is no official record of who he is. Does that change the process in the US?

No.

The judge will want to know if you know who the father is. American courts are very reluctant to terminate a person's parental rights when the person is not in court.

If the judge ask if you know who the father is and you lie, you will be committing the crime of perjury.

Edited January 30, 2015 by aaron2020