How would my husband adopt my son?

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How would my husband adopt my son?

Would the biological farther have to sign over rights? He is incarcerated and has been in and out of prison for 4 years straight.

Asked on December 26, 2012 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only way for your husband to legally adopt your son from the biological father who is incarcerated is for the biological father to sign an adoption agreement prepared by a family law attorney giving up his parental rights to your son where the court approves such per a noticed hearing. I suggest that you consult with a family law attorney to assist you in your endeavor.


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