Newberry, SC asked in Family Law, Child Custody and Adoption for South Carolina

Q: Do my boyfriend and I have to be married in order for him to adopt my son and get full custody?

My boyfriend has been in my child’s life since he was born but he isn’t the biological father. The biological father and i does not associate with each other, and hasn’t since the beginning of my pregnancy out of me being scared of him and what he may do to my and my child.

1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: A spouse of a biological parent can adopt that parent's child, but I don't know of a situation where a boyfriend adopted a child. The point of adoption a step-parent adoption is to provide two parents in a stable home for a child. A marriage shows a commitment between two people and a common intent to be a family. Two people living together shows neither of these things. As part of the adoption process, the biological father's parental rights would have to be terminated either with by his written consent or by showing that he has failed to visit or support the child for a continuous six month period preceding the filing of the adoption case. The written consent is a formal document that would be signed in the presence of and with advice of an attorney.

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