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Adoption of stepchildren, bio mother is deceased
Hi,
I'm needing to know if I have to terminate the rights of a deceased parent. Also can I just adopt them or does their bio father have to terminate his rights and we do it together? My soon-to-be husband had full custody of the his boys after the divorce and then their mother passed away. We've been together for three years and will be getting married in the summer. I'm going to be doing as much as I can w/o a lawyer. Any advice is greatly appreciated. Thanks, Michelle My guys: Cainan, 10 years old Gavin, 8 years old |
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#2
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You will have to be married before you can file to adopt your stepchildren. Most states require that you are married for at least a year prior to filing with the courts for an adoption.
As for the actual process, you do not need to terminate the mother's rights if she has passed. You will need to provide a copy of her death certificate to the court when you file for a stepparent adoption, and the process should be fairly quick for you. This type of situation is one of the easiest when it comes to getting a stepparent adoption completed.
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Stepparent Adoption Blog |
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