Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I have a 6 month old daughter. Her biological father has never seen her and has never even asked to see her. He has brought up the fact that he would like to terminate his rights. I am engaged, and my fiance wants to adopt her. He has supported her financially, and was even in the delivery room when she was born. I would like to know if he can adopt her before we get married or if we have to be married first?”
Question: It may be possible to do the adoption now. The laws regarding adoption by unmarried partners living together vary from State to State. Most recently this has been in connection with same sex couples, but it would likely be the same for a heterosexual couple. Consult an adoption attorney in the area where you live.
