Ask a Question

Get free answers to your Adoption legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Adoption Questions & Answers
1 Answer | Asked in Adoption, Gov & Administrative Law and Family Law for Florida on
Q: How to update my adopted niece's birth certificate with her new name?

I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.

0 Answers | Asked in Adoption, Probate and Family Law for Texas on
Q: Can an adopted child benefit from their biological father's estate after his parental rights were terminated?

I was adopted at the age of three, and my biological father's parental rights were legally terminated with no agreements regarding inheritance or estate benefits. There was no will from my biological father, and I'm currently still legally adopted as an adult. My biological father also... View More

1 Answer | Asked in Adoption and Family Law for Utah on
Q: What are our chances to adopt niece with minimal involvement from bio mom?

I have had full guardianship of my niece since February 2024 when she was 3 months old. Her mother was jailed for drugs and served a short sentence, completing drug court by June 2024. Since then, she has only seen her child once, had one FaceTime call, and generally inquires about her well-being... View More

Jason F. Barnes
Jason F. Barnes
answered on May 19, 2025

Posting your question on the internet with detailed facts and expecting a legal analysis response, again all over the public internet, is not advisable. I suggest that you contact an adoption lawyer to get answers to your questions in private.

4 Answers | Asked in Adoption, Immigration Law and Family Law for Wisconsin on
Q: How to inform biological father about step-parent adoption and immigration plans?

Given that I was never married to my daughter's biological father and he has not supported or been involved in her life for several years, should I inform him directly about our U.S. immigration plans and my intention for my U.S. citizen husband to adopt my daughter through a stepparent... View More

Stephen Arnold Black
Stephen Arnold Black
answered on May 16, 2025

A biological father has a constitutional right to see his child, and that right can only be revoked through due process in an adoption proceeding, allowing him the opportunity to challenge it if he chooses. Therefore, he must be given notice of any action affecting his parental rights. For specific... View More

View More Answers

1 Answer | Asked in Family Law, Adoption and Child Custody for Oregon on
Q: Re adoption or adoption more listed below

I would like to get a second opinion my mother adopted my son and my mom has passed away and I would like to re adopt my son back I’m looking near the end of the year my husband and I buy our house. He is 11 years old and is under guardianship with a family friend. I visit him when I can but... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

What you’re facing is incredibly personal and emotional, and it’s clear that your heart is in the right place. Wanting to bring your son back into your home after your mother’s passing is not only understandable, it’s a reflection of your ongoing commitment as his parent. If the... View More

1 Answer | Asked in Estate Planning, Family Law and Adoption for New Mexico on
Q: Are my children heirs of my husband in second marriage?

In my second marriage, my husband does not have a will, there are no legal documents addressing inheritance, and he has not adopted my children. Are my children considered heirs of my husband?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

This is a very important question, and it’s wise that you’re thinking about it now before anything happens. In most states, if your husband passes away without a will (which is called dying intestate), his estate will be divided according to state intestacy laws. Typically, those laws recognize... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Missouri on
Q: Can I adopt or get visitation rights for my ex-girlfriend's son in Missouri?

I want to adopt my ex-girlfriend's son or at least get visitation rights. I've been taking care of him for three years, attending all his appointments and school events, and paying for expenses. Although she promises to let me keep seeing him, she takes him away whenever she's upset... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You're in a heartbreaking situation, especially after forming such a strong bond with this child over several years. In Missouri, the law favors biological and legal parents when it comes to custody and visitation, but that doesn’t mean you’re powerless. If you can show that you’ve acted... View More

1 Answer | Asked in Adoption and Family Law for Delaware on
Q: How can I terminate parental rights if sister has guardianship but can't adopt?

I want to terminate my parental rights to a child I haven't had since birth. There are no custody or visitation arrangements, and the father is unknown. Initially, I wanted to put the child up for adoption, but my sister took guardianship. I have signed over guardianship to her, but she lacks... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It sounds like you're trying to make a decision that you believe is best for the child, and that’s never easy. Since your sister already has legal guardianship, she likely has the authority to care for the child on a daily basis, but without a completed adoption, you still hold legal... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Arkansas on
Q: How to find adoption decree after child's name change in Arkansas?

My brother is currently in jail in Arkansas for child support issues. His ex-wife adopted his children as a single parent in August 2023, and changed their last name without his involvement or notification. This took place in White County, Arkansas, and we only discovered the adoption through... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry your family is going through this—it’s deeply unsettling to learn about something so life-changing through social media. In Arkansas, adoption records are sealed by law, which means they are not accessible to the general public, including extended family members. Even... View More

1 Answer | Asked in Adoption, Family Law and Probate for California on
Q: What legal rights do I have to lay my mother to rest as her non-next of kin?

I am 25 years old and adopted. My biological mother, who I reunited with in 2018, recently passed away in California. I have been her emergency contact, but I am not considered her next of kin. My older biological brother, who is estranged and lives out of state, is the next of kin but has not... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 12, 2025

In California, when the legally designated next of kin fails to act regarding disposition of remains, you do have options. Since your biological brother has been unresponsive for over a month, California law allows the right to control disposition to pass to the next person in the kinship hierarchy... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Oregon on
Q: How can I regain custody of my son, who is under guardianship in Oregon, and prevent his move to Colorado?

I am seeking guidance on how to regain custody of my biological son, whom my mother adopted and is now under guardianship following her passing. He currently resides in Eugene, Oregon, but is facing a move to Colorado where he will be further away from his sister and me, and he has no family there.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm truly sorry you're facing this—it must be heartbreaking to feel cut off from your own child, especially during such an uncertain time. Since your mother adopted your son, she was legally considered his parent, which means that after her passing, the state would have needed to... View More

1 Answer | Asked in Adoption, Family Law and Domestic Violence for New Mexico on
Q: Can I start a new abuse case in New Mexico after termination of parental rights in Arizona?

Several years ago, my parental rights were terminated in Arizona, and my children were adopted by a family member who has since moved to New Mexico. Recently, my adult daughter informed me that her siblings are being abused by the adoptive parent in New Mexico. I have no legal visitation rights.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry you're facing this—it must be heartbreaking to hear that your children may be in danger and feel like you have no legal standing to protect them. Even though your parental rights were terminated in Arizona, that does not prevent you from reporting suspected abuse in New... View More

1 Answer | Asked in Adoption, Child Custody, Child Support, Probate and Family Law for South Carolina on
Q: Can I terminate deceased father's parental rights for adoption?

I have a court order with custody and support details regarding my child's biological father, who is now deceased. The county clerk has filed an order against his estate for payment of arrears. My husband, who has been caring for my child for six years, wants to adopt my child. Are there steps... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry you’re facing this, but you’re taking the right steps to provide your child with the love and legal protection they deserve. When a biological parent is deceased, their parental rights are considered to have ended by law—there’s usually no need to go through a... View More

1 Answer | Asked in Adoption, Child Support and Family Law for Georgia on
Q: Can stepfather adopt child if biological father has no contact and no support?

Can my child's stepfather adopt my child if the biological father, who showed interest through a paternity test, is not on the birth certificate, hasn't contacted us for three months, and hasn't provided child support as initially ordered in Montana? The stepfather has been involved... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

That’s a heartfelt question, and it’s clear you’re doing everything you can to build a safe, stable future for your child. In Montana, a step-parent adoption is possible when the biological parent has abandoned the child or failed to maintain a relationship. If the biological father has had... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: Adoption in Florida by a US citizen living abroad

I am a US citizen living and working in Morocco, but I own a condo in Florida that serves as my permanent residence. Can I adopt an infant domestically in Florida despite not having official residency but spending the majority of the year outside the US?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You're asking a very important question, and it's clear that your heart is in the right place. In Florida, adoption laws generally require that the adoptive parent be a resident of the state. Even though you own property there, residency is usually defined by where you physically live and... View More

1 Answer | Asked in Adoption and Family Law for Michigan on
Q: How can I access my adoption records from 2003 in Michigan?

I am looking to obtain information about my own adoption that took place on September 9, 2003. I am seeking these records for personal knowledge and medical history purposes. Could you advise on how I can access these records and any potential legal barriers I might encounter?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

It’s completely understandable to want to know more about your adoption, especially for something as personal and important as your medical history. In Michigan, adoption records from 2003 are sealed, which means they are not automatically open to the public. However, as an adult adoptee, you do... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Iowa on
Q: Newborn taken due to past case - seeking custody options

My newborn was taken into custody at the hospital due to issues related to a past case with my other children, who were adopted out as I had substances in my system at that time. I am currently part of a family treatment court, and my boyfriend completed rehab successfully. We had a plan to work... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm so sorry you're going through this—having your baby taken from you is heartbreaking, especially when you’ve been working to turn things around. Since you're already involved in family treatment court, that shows the system is giving you a chance to show growth, and that... View More

1 Answer | Asked in Adoption, Gov & Administrative Law and Family Law for Louisiana on
Q: Will SCR prevent adoption in Louisiana due to prior CPS case?

My husband is in the process of adopting my son. He has been with me since I was pregnant, and he is the only father my son knows. We had a CPS case, mostly due to my actions, but they have listed my husband on the State Central Registry for lack of adequate supervision. We both completed our case... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

I'm really sorry you're having to carry this stress while trying to do something so meaningful for your family. Louisiana’s State Central Registry (SCR) does carry weight in adoption proceedings, especially when someone listed is part of the adoptive process. However, being listed... View More

1 Answer | Asked in Adoption, Family Law and Probate for Georgia on
Q: Do we qualify for legal assistance in adopting our nephew with prior DFCS involvement?

My husband and I have legal guardianship of my 7-year-old nephew. His mother, who struggled with drug addiction, had temporary guardianship terminated, and DFCS was involved. We were named his kinship placement, and he has lived with us since he was 20 months old, except for less than 5 months of... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

You’ve already done something incredibly powerful by stepping in and giving your nephew a stable, loving home—especially through such difficult circumstances. Given his extended time in your care and the history of DFCS involvement, you may indeed qualify for adoption assistance, particularly... View More

2 Answers | Asked in Adoption, Gov & Administrative Law and Family Law for Virginia on
Q: How can I finalize a delayed adoption due to missing birth mother in Virginia?

I'm in Virginia and have been trying to finalize the adoption of a child for the past 11 years. Our attorney mentioned that we need to serve papers to the birth mother, but we cannot locate her. We are facing an urgent deadline because the school is now demanding a birth certificate, which... View More

Richard Sternberg
Richard Sternberg
answered on May 5, 2025

It has been years, but I had a similar case of a British citizen and a French-Middle Eastern citizen seeking to adopt a Kurdish orphan where we could not prove the father was dead. The answer is much more expensive than you are expecting. We researched the various standards for adoption in England... View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.