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If a man marries a woman who has children from a previous relationship. If the biological father does not feature in the childrens lives can the man adopt his wife's children so his all the same rights and responsibilities like it would be if they adopted an orphan together. With the mother's permission

I often wondered if this is possible because I don't like the idea of being a step-father although I don't require all the children I may have to be a product of my own loins.

I just need to protect myself because if a child enters my life and I start caring and loving for it like it is my own. If that child gets taken away from me it will break me.

Neil Meyer
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4 Answers4

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This is a question that arises predominantly under state law in the United States (in almost all cases, federal courts don't have subject-matter jurisdiction over adoptions), but there are broad general similarities between most states.

Usually, the biological father, if he meets the legal requirements to be the presumed father and is living, must relinquish the child for adoption in order for another man to adopt the children, or have his parental rights terminated. See, e.g., here.

A biological father's mere absence from significant involvement in the children's lives does not automatically terminate his status as a legal father of the children. A complete lack of contact or involvement with his children that amounts to child neglect is potentially a ground for termination of the biological father's parental rights, but this can only happen through a voluntary relinquishment of paternity or a legal proceeding brought by the government in which the legal father has a right to notice and to representation by counsel at state expense if he cannot afford a lawyer of his own.

A child without a legal father, for example, if the biological father has died or the child was conceived with a legal sperm donor arrangement, may ordinarily be adopted with the permission of the mother and a court with jurisdiction over these kinds of cases.

In any adoption case, a court must conclude that the adoption is in the best interests of the child.

The details, however, vary somewhat from one jurisdiction to another. Also, special federal law rules apply if the child is Native American (generally, a relevant Indian tribe must be notified and allowed to intervene in the case).

Note also, that not being a legal parent of a child does not necessarily mean that you don't have standing to seek parenting time and/or to have a role in parental decision making with respect to those children. Many states afford standing to step-parents and others who have had de facto custody of children (even in the presence of one legal parent) for a prolonged period of time and seek custody promptly after losing it.

Also, either parent normally has the authority to name an adult as a temporary guardian of their children, effectively delegating some of their own parental rights for a limited period of time. This is most often done when children are exchange students, are boarding students far away from home, or are living with relatives for an extended time (e.g., while a parent is on an extended business trip or military deployment).

ohwilleke
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Yes

Intrafamily adoption as it’s called is fine if all the criteria are met:

  1. It must be in the best interest of the child
  2. The child must be under 18, over 18 and dependant on the adoptive parent, or a ward of the state
  3. At least 5 years old
  4. For a child under 18, they must have lived with the adoptive parent for at least 2 years immediately prior
  5. There must be consent from everyone with parental authority over the child. This naturally included the biological parents, but it may include others who have cared for the child
  6. It must be clearly the best legal option for the child.
Dale M
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Yes. In Germany adoption of step children is actually the most common form of adoption.

You need to be at least 21 (which is a lower requirement than other adoption, where you need to be at least 25). Age of the partner, beyond being an adult at 18 years of more to be able to marry in the first place, does not matter (obviously since they are already the parent).

You can adopt the children of a partner if you are married, have filed for a civil partnership, or had a common household for at least the last four years.

You need to attend counseling to make sure adoption is in the best interest of the child.

Apart from that there are requirements that are not specific to adopting stepchildren - you should be healthy, economically stable, be able to provide a home. Both biological parents need to agree, the children must be older than eight weeks, if they are 14 or older the children also have to agree.

Information is taken from a brochure published by the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth.

Eike Pierstorff
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Yes*


The caveat being is that the children's father might not consent to the adoption. In which case the process becomes, complicated (lawyers & money). As you adopting the children means that the father is giving up his parental rights.

So if the kids biological father is interested in remaining in his children's lives at all, he will fight it.

Questor
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