my adopted childs rights to step fathers finances

When my husband and I started seeing each other I had guardianship of a 3 yr
old who i had had since he was 5 months. a couple years later when my
husband asked me to marry him, i told him my intent was to adopt ‘Gavin’ if the
chance ever arose and wanted to make sure he was clear that if we were to
marry we would adopt if the parents gave up their rights, he understood this.
Later this time came and he refused to adopt with me, Gavin was then 7 yrs old.
i was not letting him fall into the foster care system so i adopted him on my own
with my husbands consent. now 4 yrs later he doesnt love me and is done with
me. what rights does Gavin have? I also was diagnosed with lympyoma a
couple months after getting married so really my concern is Gavin’s future when
i am gone. Gavin was diagnosed with autism a year and a half ago. i want
nothing for me and will put anything Gavin has a right to in an account only for
him and his future care. needless to say i am in a mess here and dont know
what to do

Asked on June 5, 2017 under Family Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless his stepfather had adopted him, your son cannot inherit in this case. A stepparent-stepchild relationship imparts no rights of heirship.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your son has no rights to support or money from his stepfather. A step- relationship is not a legally recognized relationship: it imposes no obligations or duties (unlike adoption, which does). If your husband never adopted your son, he has no duty to your son; your son is not legally his child.


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