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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 2363
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My Partner (same sex) and I have 2 children together. She is

Resolved Question:

My Partner (same sex) and I have 2 children together. She is the birth mother. We live in Oregon. I would like to adopt both girls and it is my understanding that I would do a "Second Parent Adoption". Since there is no "father", we used an anonymous sperm donor, it seems that it's all just some basic paperwork with maybe a home visit and/or a background check?
What I'm looking for is for someone to tell me where to start. What papers to file (and where to get them) to get the ball rolling.
Submitted: 6 years ago.
Category: Family Law
Expert:  Steven K. replied 6 years ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

You may not have to do an adoption. If you are registered domestic partners, and the children were born after the registered domestic partnership was formed, then the children would legally be your children.

Steven Kincaid :

Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

Steven Kincaid :

Oregon statute Title 11, Section 106.340 states:

Steven Kincaid :

Any privilege, immunity, right, benefit or responsibility granted or imposed by statute, administrative or court rule, policy, common law or any other law to or on a spouse with respect to a child of either of the spouses is granted or imposed on equivalent terms, substantive and procedural, to or on a partner with respect to a child of either of the partners.

Customer:

hmmmm, it's been so long I have to say I don't remember! I know that we did officially get married in the state of oregon and then the voters passed some initiative that essentially recalled our marriage and it was anulled.

Steven Kincaid :

But you never registered as domestic partners?

Steven Kincaid :

If not, then you would have to go through with the adoption.

Customer:

shoot. I guess I'll have to check to see if we registered.

Customer:

I know we had to sign something so that she could be on my medical coverage but I don't remember what that was! it was like 12 years ago so I don't think it's what we need

Customer:

Can you tell me where to start with the adoption

Steven Kincaid :

There are no standard forms for completing a second parent adoption. This means that you can either hire an attorney (or see if legal aid can assist you if you cannot afford an attorney) or you can try to prepare the documents on your own.

Steven Kincaid :

This would be a very difficult process for a non-lawyer

Customer:

ok one other question. where can I check to see if we registered as domestic partners?

Steven Kincaid :

You would have to have filed a Declaration of Domestic Partnership with your local County Clerk. You can now check with the local county clerk to see if you have already done so.

Customer:

thanks for your help

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