What to do if y husband wants to adopt my son from a previous relationship?

UPDATED: Nov 28, 2012

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What to do if y husband wants to adopt my son from a previous relationship?

My son is almost 5 and hasn’t been in contact with his biological father since he was 9 months old. He doesn’t provide financially and isn’t on the birth certificate. What would we have to do to have my husband adopt him and what is the average cost to do this?

Asked on November 28, 2012 under Family Law, Tennessee


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

Answered 10 years ago | Contributor

Your husband cannot legally adopt your son unless his father either voluntarily relinquishes (i.e. gives up) his parental rights or you bring an action in court to terminate his rights. If you end up in court, you may well have grounds for a court ordered termination. Also, the fact that there is someone else willing to take over the support of your child will make the case for termination that much stonger.

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