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A child can only have two legal guardians, meaning the biological father would have to either give up his rights voluntarily or lose them through the court system in order for the stepfather to adopt the child.

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10y ago
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16y ago

Absolutely!!!! A step father can adopt a child under certain circumstances. The biological father will need to sign away his rights, or they can be terminated in some cases if he has not been involved long term or is shown to be a danger or unfit. The family...mother, step-father, and children will have to have a home study done, an attorney will be appointed to represent the child's interests...and sometimes the judge will also appoint an attorney to represent the absent father's interests...you have to pay for these attorneys, but it is a safe guard against the adoption being invalidated at a later date. The most important thing is whether the child wants to be adopted, this will weigh heavily in the home study and court decision. Good Luck!

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15y ago

A child may be adopted by someone else whether or not the biological parents are alive. If they are alive permission is required. Much depends on who is the legal guardian. Consulting a solicitor/lawyer would be advisable. In the case mentioned in the question, the step-father can adopt as he is married to the biological mother.

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13y ago

Step parents have no legal rights regarding their step children unless they legally adopt them. However, if he has been there all their lives and the biological father is not interested, he can petition the court for custody. There are cases where the step parent was granted custody by the court because they have been in the position of a parent for so long but getting custody because you were married to their mother - no.

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14y ago

Yes, but if the biological father is alive he will have to sign consent forms allowing the stepfather to adopt, and the mother will have to give consent, as well.

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12y ago

The biological father have to give up his parental rights in order for you to adopt.

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12y ago

Yes as long as the stepfather and mother are married for a year and if everyone in the equation agrees to the adopting.

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14y ago

With the court's permission.

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Q: Biological father deceased not on birth certificate can step father adopt?
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Related questions

Process to adopt a child?

Tell me the process of adopting a child not yours in a marriage. The biological father is deceased.


If a man signs a birth certificate and is not the biological father must he legally adopt the baby if so how?

He doesn't have to adopt the baby. He's already the legal father.


Can boyfriend adopt girlfriends daughter if father is not on birth certificate in California?

If it's established who the biological father is, regardless what name is on the birth certificate, he will have to give up his parental rights in order for someone else to adopt the child. He can also go to court and have the name on the birth certificate changed to his.


What if your child's father has not legitimized the child and does not pay child support but is on the birth certificate can you get married and have your spouse adopt the child?

Your spouse may adopt the child but the court will have to serve notice of that proceeding to the biological father.


Can a step father adopt a child without the biological father's concent in Alabama?

no


Can a step father adopt a child without the biological father's consent in Alabama?

now a stepfather can't adopt a child without the concent of the child's father


Can a man adopt his fiances son if the biological father gives his rights up?

yes


Are there any states that require a biological father to go through adoption proceedings if he and the mother marry after the baby's birth?

The biological father should have been put on the birth certificate to begin with so why would he have to adopt them. If he wasnt at birth, see if you can get the birth certificate to reflect the truth. You may need to get a DNA test results and bring it to the hospital where the baby was born. Adoption proceedings are costly and drawn out.


Your husband wants to adopt your daughter but her biological father is in the picture?

Then unless the biological father is ok with this and signs his rights over, the new husband has no legal rights to the child.


There is No father on birth certificate can stepfather adopt?

Yes, a stepfather can adopt a child even if the biological father is not listed on the birth certificate. The biological father's rights would typically need to be terminated before the adoption by the stepfather can proceed. Legal assistance would be needed to navigate the adoption process.


How does your dad adopt you?

Your actual father (biological father or husband of your mother at the time of your birth) does not need to adopt you; you are already his child. What is usually more relevant is "how does your step-father adopt you" or "how does your dad get exclusive custody of you." The answers to these questions differ greatly from state to state and country to country.


How do you adopt your wife's 5 year old son when she is the only one on the birth certificate?

if the father is known then you have toget permission if not then see a solicitor ive been there if you dont want to contact the biological father you could always change name by depol hope this helps also if the father pays maintenance this would stop if adopted child or you could ask the biological father to sign over the rights and he then does not pay maintenance