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Posted

Hello all ,

I am not sure where to post this but I have some questions for anyone who has been through the adoption process.

I would like to adopt my 10 year old stepdaughter. She and her mother came to me on K1/K2 visas in 2011 with no questions asked about her father from the Philippines. She shares her fathers last name but as he and my wife of 4 years were never married does that make her illegitimate?

Does he still have rights? He is a deadbeat and has not seen her since infancy. Will we have to contact him to relinquish his rights? Do I need an adoption attorney or can I do it myself ?

All answers are GREATLY appreciated !

Posted (edited)

She is an illegitimate child if born outside marriage, though in 2015 this hardly matters.

Adoption is a state matter, so procedures will vary as to your jurisdiction. Generally though you would need to have the natural father relinquish his parental rights for the adoption to succeed. Failing that, you can ask the judge to terminate the father's parental rights against his will, but this route will be (i) more expensive, and (ii) since the judge will only act in the best interests of the child, there is no guarantee he would do so.

You should at least consult with a local family law attorney in your state. Whilst you can handle it yourself, in most cases you are better off having a lawyer do it for you.

I adopted my stepson here in Texas and it wound up costing about $1,700 with court and lawyer fees. This was an uncomplicated case though, so was on the low end of the cost scale. I was told that if the natural father had contested it then the costs could have risen to $5,000 or more.

Edited by Hypnos

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Posted

Hi,

The laws of your state will apply. PI laws may apply, but will not control disposition of the adoption case.

Most likely, the court will require you to find and contact the father. U.S. courts are reluctant to terminate the parental rights of a person in another country who can not appear in court.

This is not a DIY since you will need to jump through hoops to terminate the father's parental rights so you can adopt. The Ts have to be crossed and the Is need to be dotted.

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