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California

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No it is a question to see if anything can be done

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Its about child addoption

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Answered in 16 minutes by:
8/17/2017
Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 527
Experience: Family Law litigator for over 35 years
Verified

Hello, welcome to the site. I’m here to help you today. I am a licensed attorney with over 35 years’ experience in family law. What sort of questions do you have about child adoptions? That's the area I've been working in the past 5 years.

Sue

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Customer reply replied 10 months ago
My girlfriend was pregnant with our child before I met her. I have been with her since during and after the baby was born and have help raise her for her first year. I was wondering if I can legally adopt her even though she isn't mine and me and the mother aren't married

Good question. Yes, legally you could adopt this child, but if you two aren't married, the adoption would terminate your girlfriend’s parental rights permanently.

Another option is if you and she would be interested in joining in a civil union, from which you can adopt without affecting your girlfriend's parental rights.

Or you could have your girlfriend sign a specifically worded Power of Attorney so you could legally act for the child.

Do any of those options appeal to you?

Sue

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Customer reply replied 10 months ago
In the civil union. Of we were to split and she wanted to marry someone else would I still have legal rights to the baby after the adoption.

Yes, once you adopt, your relationship with the child becomes as if s/he were born to you. You will be the baby's legal parent, alongside the child's mother. That means you'll have custodial rights and authority (and child support obligations) if you ever split.

Sue

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Customer reply replied 10 months ago
If the paternal father is in the picture I wouldn't be able to adopt her correct?

No, you still can. You'd file a non-consent adoption petition, serve the natural father and if he shows up at the hearing, you'd be given a trial date to prove his non-support/non-contact. If he doesn't show up, he'll be defaulted and the petition will be granted.

I'm assuming the mother will sign a consent to your adoption, would she?

It's quite common to file non-consent petitions.

Sue

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My goal is to provide you with excellent service. I hope I have provided you the information you were seeking. If you’re satisfied with my assistance, your 5-star rating at this time is most welcome. If you need more help or have any further questions, please let me know so I can continue to assist you.

Best wishes,

Sue

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I had another thought. There is a concept in family law called psychological parent. You can find information about this legal concept, also called de facto parent, here, here and perhaps most interesting, here. On the latter link, click "text" to see the summary of the California bill specifically allowing consideration of a psychological or "third" parent. Below that you can click on "Today's law as amended" for current California law on the subject.

I hope the information I provided is helpful.

Please let me know if there is anything else I can do to assist you.

I hope you don't mind a reminder your rating will be appreciated.

Sue

Sue
Sue, Family Law Attorney
Category: Family Law
Satisfied Customers: 527
Experience: Family Law litigator for over 35 years
Verified
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