Fremont, CA asked in Adoption, Child Custody and Family Law for Utah

Q: What is the process for a step parent to adopt the child of his/her spouse?

My boyfriend and I are thinking about getting married. He wants to adopt my child, who's 4. I'm not sure of who his biological father is. I registered him as a single mother. Only me is on the birth certificate. How soon after we get married can we start the process and what is the process for that?

1 Lawyer Answer
Jason F. Barnes
Jason F. Barnes
  • Divorce Lawyer
  • Kaysville, UT
  • Licensed in Utah

A: To answer your first question, you can start the adoption process now. However, please understand that 78B-6-136.5 states:

(2)(a) If the prospective adoptive parent is the spouse of the pre-existing parent, a final decree of adoption may not be entered until the child has lived in the home of that prospective adoptive parent for one year, unless, based on a finding of good cause, the court orders that the final decree of adoption may be entered at an earlier time.

(b) The court may, based on a finding of good cause, order that the final decree of adoption be entered at an earlier time than described in Subsection (1).

The answer to your second question is much more complex, and will require a legal analysis. Sorry. We offer free initial consultations, most often, for adoption cases. Please call us at 801-546-3874, and we will be able to be of further assistance to you.

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