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?
Lv 4
? asked in Pregnancy & ParentingAdoption · 7 years ago

Open adoptions, parental rights?

So an ex of mine is willing to let my current boyfriend adopt our daughter. He hasn't been in her life more than three times. Once when she was born, once when she was 6 months, and once on her 1st birthday.

My boyfriend has been in her life since day 1. Which is why I would like for him to have the rights, my ex is willing but is thinking in an open adoption he would be able to take her for weekends and holidays... I thought in an adoption (Open or closed) the person adopting the child gets the rights while the other gives them up.

Who is right? Would he really get her for holidays?

9 Answers

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  • 7 years ago
    Favorite Answer

    Once you and your boyfriend have been married for at least a year (state law varies, so check your state's laws on step-parent adoption), you can then discuss the idea of adoption further.

    Your former boyfriend could voluntarily terminate his parental rights, or a court could have them terminated if it is determined that he has abandoned his child. While he might have visited her a few times, if he is not regularly financially supporting his child, that might constitute abandonment in the eyes of the court.

    Once his parental rights are terminated, he has no more legal right to see his child. You might agree to let her visit with him, but he could not get a court to legally enforce it any more than a court would legally compel a child to visit her Aunt.

    I hope that helps.

  • 7 years ago

    Your 'current boyfriend' cannot adopt your child. Only if he was your husband could he adopt.

    However, adoption by a new partner is totally unnecessary and can put your child in danger. What would be gained by adoption? Your new partner can still raise the child as his own if he wishes, without making anything legal or official. If you and your partner split up, and he has adopted your child, then he could be given custody of her and be able to take her away from you. If he becomes abusive, this could put your child in serious danger, and you may never be able to leave him behind as he would have equal rights to her. Why run these risks? Protect your child by making sure that only you and her natural father have rights to her.

    This is how stepparent adoption cases can end up: https://ca.answers.yahoo.com/question/index?qid=20... (a question posted here a few days ago). If you let your new partner adopt, it could be YOUR daughter saying this in a few years time.

  • 7 years ago

    Your ex is confusing open adoption with custody arrangements. Legally, open adoptions are not enforceable. That is, the adoptive parent can promise the biological parent the sun, moon, and stars, but once the adoption is final, the adoptive parent can cut off all contact for the next 18 years, and there's generally not a thing the biological parent can do about it.

  • ?
    Lv 7
    7 years ago

    No adoption is even possible. Boyfriends cannot adopt period. You and boyfriend would have to actually be married for 1-2 years before a judge will even consider it and that would be a stepparent adoption. Open adoptions are done even when the parent signs away their rights. This allows the child to know exactly who his/her bio parent is. It is commonly seen with private infant adoptions and is not enforceable in most states. If open is allowed in your situation after you and bf marry (talk to an attorney), then yes it is possible for him to get his bio child during holidays. Adoption does not erase your biological background, so really she should be able to see her real father sometimes unless he is a threat to her safety.

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  • Liz
    Lv 7
    7 years ago

    Your ex and you are both clueless, and since this is about the life and future of YOUR CHILD, I would suggest you do some homework and learn the facts. No judge is going to approve an adoption if one of the biological parents (you) and the prospective adoptive parent (your boyfriend) are not married to each other and have been for some time.

  • 7 years ago

    There is a such thing as open adoption...

    .it sounds like your x don't want the responsibility of being a Father but he wants to still be a part of his daughters life. and possible let her know he's her REAL Father without the financial responsibility....

    .why hasn't he spent any time with her.....???? now that someone else is willing to take over his responsibility he wants visitation...

    your daughter do not have to be adopted by you current boyfriend for him to be a Father or a part of her life

  • Bobbi
    Lv 7
    7 years ago

    He would have ZERO rights to the child. Only four states have open adoptions that might allow visitation. Other states "allow" open adoptions, but they are not enforceable in court and do no allow visitations.

    If he so wants his child on the weekends or holidays, then skip the adoption idea. The man in her life is her father, no need to file court papers to do so, especially when her "birth dad" still wants ties to his daughter.

  • ?
    Lv 6
    7 years ago

    You'll need to be married for that to happen. Get married at the courthouse on Monday, and then get a lawyer to get the ball rolling.

    If the ex wants visitation, then he must file for that, and NOT sign away his rights.

  • 7 years ago

    The REAL parents are the ones raising the child, usually the ones with legal and physical custody.

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