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Step Daughter Adoption in the USA


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#1 bethany

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Posted 24 March 2010 - 11:47 PM

Hi need help,I am a filipina,my us citizen husband want to adopt my daughter,she is a LPR holder for 2 years,the biological father signed in her birth certificate,my question is,is the philippines will recognize the adoption decree made here in the US? can I change her birth certificate in the philippines to her new father's name if the US adoption approved?

#2 Ampalaya

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Posted 25 March 2010 - 02:51 AM

QUOTE (bethany @ Mar 24 2010, 01:47 PM) <{POST_SNAPBACK}>
Hi need help,I am a filipina,my us citizen husband want to adopt my daughter,she is a LPR holder for 2 years,the biological father signed in her birth certificate,my question is,is the philippines will recognize the adoption decree made here in the US? can I change her birth certificate in the philippines to her new father's name if the US adoption approved?

I adopted my pinay stepdaughter just after she arrived here in 2006. We recently made a trip back to PI. Prior to going we had a lawyer apply to change my anaks name to mine. We appeared in court and testified. They ripped me off [Yeah rich puti trip].thruout the proceedings always asking for more pesos.
The papers are at NSO now and hopefully will get the proper documents soon.
It was in May 2009 when we went to court.
Only reason we had to change her name in PI is to get her Philippine passport and her dual Citizenship. She's been a USC since our 2 year marriage anniversary and has her US passport.
I wouldn't change anything if you don't care about your anak getting her dual citizenship. Pain in the butte and costly.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
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#3 Fritz

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Posted 25 March 2010 - 07:34 AM

QUOTE (Ampalaya @ Mar 24 2010, 07:51 PM) <{POST_SNAPBACK}>
I adopted my pinay stepdaughter just after she arrived here in 2006. We recently made a trip back to PI. Prior to going we had a lawyer apply to change my anaks name to mine. We appeared in court and testified. They ripped me off [Yeah rich puti trip].thruout the proceedings always asking for more pesos.
The papers are at NSO now and hopefully will get the proper documents soon.
It was in May 2009 when we went to court.
Only reason we had to change her name in PI is to get her Philippine passport and her dual Citizenship. She's been a USC since our 2 year marriage anniversary and has her US passport.
I wouldn't change anything if you don't care about your anak getting her dual citizenship. Pain in the butte and costly.

She'll be a dual citizen regardless of which names appear in her passports. Neither country cares what name the other country puts in the passport. In the event your daughter does not get her name changed in her Philippine passport, she can get a document from the Philippine Consulate explaining why her Philippine passport has a name different from all her other documents. It is specifically for cases where a Filipino has changed their name and the Philippine government refuses to use the new name on the passport.

The document is called "Certificate of One and the Same Person" and currently costs $25

The adventure continues
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#4 bethany

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Posted 25 March 2010 - 07:22 PM

QUOTE (Fritz @ Mar 25 2010, 07:34 AM) <{POST_SNAPBACK}>
She'll be a dual citizen regardless of which names appear in her passports. Neither country cares what name the other country puts in the passport. In the event your daughter does not get her name changed in her Philippine passport, she can get a document from the Philippine Consulate explaining why her Philippine passport has a name different from all her other documents. It is specifically for cases where a Filipino has changed their name and the Philippine government refuses to use the new name on the passport.

The document is called "Certificate of One and the Same Person" and currently costs $25

The adventure continues
Fritz

Thanks for the info guys,all I want is atleast amend her BC to change her last name and fathers name to my husband sure name after the approval of the adoption,I am not looking forward of getting her a dual citizenship at all.

Do you think I could do all this without appearing in the court of the philippines? specially the biological father is still alive?...Please help.

#5 denterprise

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Posted 25 March 2010 - 11:16 PM

QUOTE (bethany @ Mar 25 2010, 03:22 PM) <{POST_SNAPBACK}>
Thanks for the info guys,all I want is atleast amend her BC to change her last name and fathers name to my husband sure name after the approval of the adoption,I am not looking forward of getting her a dual citizenship at all.

Do you think I could do all this without appearing in the court of the Philippines? specially the biological father is still alive?...Please help.


When she is adopted in the USA she will receive a new birth certificate. It will be a birth certificate of foreign birth with your husband listed as the father. She will then be able to apply for a USA passport in her new name because she will be a citizen of the USA.

If you want a PI passport also in her new name I recommend you call the Philippine consulate in your area and ask them about amending her passport. They will tell you what documents you will need to submit and forms you will need to fill out.

God is Good all the time


Dave

#6 Parx

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Posted 26 March 2010 - 03:10 AM

Maybe I'm mistaken, but once the child is adopted and becomes a USC, they must cede their Philippine citizenship. Then apply for dual citizenship under the new name and acquire Philippine passport under the new name.
July 7, 2004 - Met Aimee in a chatroom
Dec. 25, 2005 - Went to Phils to meet her the first time
January 7, 2006 - Mailed I-129F to Nebraska Service Center.
January 27, 2006 - Received NOA1.
April 18, 2006 @1859 cst - NOA2 - APPROVED!
July 15, 2006 - Packet 4 received
September1, 2006 - Medical
September 8, 2006 - Interview - APPROVED!
October 15, 2006 - Arrived in USA
November 4, 2006 --- WEDDING!!!
April 20, 2007 - Mailed AOS
May 18, 2007 - Biometrics
July 26, 2007---GREEN CARD!(no interview)
April 13, 2009 - Mailed I-751 for Removal of Conditions
May 5, 2009 - NOA (extension approved)
May 18, 2009 - Biometrics appointment arrived today-scheduled for May 29, 2009
August 13, 2009 - Approval for removal of conditions (originally delayed due to RFE)
August 20, 2009 - 10 year green card arrived in mail
June 9, 2010 - Treygan Isaiah is born
June, 21, 2010 - My adoption of Nathan is finalized

View Our Montage
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Don (Iowa-USA) Aimee (Visayas-Philippines)

#7 Ampalaya

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Posted 26 March 2010 - 04:28 AM

oops

Edited by Ampalaya, 26 March 2010 - 05:15 AM.

Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
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#8 Ampalaya

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Posted 26 March 2010 - 04:32 AM

QUOTE (Parx @ Mar 25 2010, 05:10 PM) <{POST_SNAPBACK}>
Maybe I'm mistaken, but once the child is adopted and becomes a USC, they must cede their Philippine citizenship. Then apply for dual citizenship under the new name and acquire Philippine passport under the new name.

You are mistaken. My anak is still both a USC and Philippine citizen.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
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#9 Fritz

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Posted 26 March 2010 - 05:28 AM

QUOTE (Parx @ Mar 25 2010, 08:10 PM) <{POST_SNAPBACK}>
Maybe I'm mistaken, but once the child is adopted and becomes a USC, they must cede their Philippine citizenship. Then apply for dual citizenship under the new name and acquire Philippine passport under the new name.

If there is a change of name then you will have anak's passport amended to show the change of name. This situation is the same as it would be if you gain US citizenship before their stepfather's status gains them derivative US citizenship. Your minor children automatically gain US citizenship as a derivative benefit. Gaining citizenship in this manner has no effect on their Filipino citizenship. When you naturalize and take an oath that includes renunciation of all other nationalities, then that is the basis for the need to apply for reacquisition of Philippine citizenship under Republic Act 9225.

The adventure continues
Fritz
May you find what you want in life,
know it when you see it and
have the good luck to get it
... and keep it!!!

#10 bethany

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Posted 26 March 2010 - 07:17 PM

QUOTE (denterprise @ Mar 25 2010, 11:16 PM) <{POST_SNAPBACK}>
When she is adopted in the USA she will receive a new birth certificate. It will be a birth certificate of foreign birth with your husband listed as the father. She will then be able to apply for a USA passport in her new name because she will be a citizen of the USA.

If you want a PI passport also in her new name I recommend you call the Philippine consulate in your area and ask them about amending her passport. They will tell you what documents you will need to submit and forms you will need to fill out.


Alright,everything is getting clear now,so she will have a foreign BC? what will happen to the original BC from philippines? If ever we go back to the philippines is the biological father have no right anymore to claim my daughter because she already adopted? or there are still a conflict?

Well guys I really appreciated all of your input in here,but still I still have more question,all I want is to legalize everything,not only here in the US but also in the philippines,I dont want her to have two record of BC, thats very confusing.

#11 Ampalaya

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Posted 26 March 2010 - 07:51 PM

QUOTE (bethany @ Mar 26 2010, 09:17 AM) <{POST_SNAPBACK}>
Alright,everything is getting clear now,so she will have a foreign BC? what will happen to the original BC from philippines? If ever we go back to the philippines is the biological father have no right anymore to claim my daughter because she already adopted? or there are still a conflict?

Well guys I really appreciated all of your input in here,but still I still have more question,all I want is to legalize everything,not only here in the US but also in the philippines,I dont want her to have two record of BC, thats very confusing.

Get the adoption first. Sounds like you may have problems with the bio father during the adoption.
I didn't have any as my anaks real father was deceased. I've no idea what is required to get the fathers approval or what's necessary.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#12 denterprise

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Posted 27 March 2010 - 02:15 AM

QUOTE (bethany @ Mar 26 2010, 03:17 PM) <{POST_SNAPBACK}>
Alright,everything is getting clear now,so she will have a foreign BC? what will happen to the original BC from Philippines? If ever we go back to the Philippines is the biological father have no right anymore to claim my daughter because she already adopted? or there are still a conflict?

Well guys I really appreciated all of your input in here,but still I still have more question,all I want is to legalize everything,not only here in the US but also in the Philippines,I don't want her to have two record of BC, thats very confusing.


Once she is adopted here and receive her new birth certificate with your husbands name as the father and and she has her new passport which is evidence of her American citizenship you need to go about as if her old birth certificate does not exist. In the USA, after a certain time has passed her records are sealed. It is like her old records never existed.

As you go through the adoption process here, you will have certain requirements to fulfill to make it legal and binding. You will either have to get the biological father to sign away his rights agreeing to give her up for adoption or you can process the papers based on abandonment. If you go the abandonment route and provided enough evidence that you conducted a good faith effort to find the father the adoption will go through. You may have to post in your local news paper in the legal section for a month giving the biological father a chance to respond. If he does not, which he more than likely will not since he is still in the PI the adoption will be granted.

Once the adoption goes through her biological father will not have any rights over her, she will be an American citizen. I don't know if you can get her old birth certificate sealed in the PI, but because she is now your husbands daughter it should not matter. If you hired an adoption lawyer he should be able to answer that question more thoroughly for you.

I wish you the best as you finalize the adoption.


God is Good all the time


Dave

#13 Ampalaya

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Posted 27 March 2010 - 04:47 AM

QUOTE (denterprise @ Mar 26 2010, 04:15 PM) <{POST_SNAPBACK}>
Once she is adopted here and receive her new birth certificate with your husbands name as the father and and she has her new passport which is evidence of her American citizenship you need to go about as if her old birth certificate does not exist. In the USA, after a certain time has passed her records are sealed. It is like her old records never existed.

As you go through the adoption process here, you will have certain requirements to fulfill to make it legal and binding. You will either have to get the biological father to sign away his rights agreeing to give her up for adoption or you can process the papers based on abandonment. If you go the abandonment route and provided enough evidence that you conducted a good faith effort to find the father the adoption will go through. You may have to post in your local news paper in the legal section for a month giving the biological father a chance to respond. If he does not, which he more than likely will not since he is still in the PI the adoption will be granted.

Once the adoption goes through her biological father will not have any rights over her, she will be an American citizen. I don't know if you can get her old birth certificate sealed in the PI, but because she is now your husbands daughter it should not matter. If you hired an adoption lawyer he should be able to answer that question more thoroughly for you.

I wish you the best as you finalize the adoption.


"Once the adoption goes through her biological father will not have any rights over her, she will be an American citizen"

That's not correct. The adopted child won't be a USC until they are in the legal custody of the new pop for 2 years. They counted the time from when we first married in PI.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#14 Parx

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Posted 28 March 2010 - 11:21 PM

QUOTE (Fritz @ Mar 26 2010, 12:28 AM) <{POST_SNAPBACK}>
If there is a change of name then you will have anak's passport amended to show the change of name. This situation is the same as it would be if you gain US citizenship before their stepfather's status gains them derivative US citizenship. Your minor children automatically gain US citizenship as a derivative benefit. Gaining citizenship in this manner has no effect on their Filipino citizenship. When you naturalize and take an oath that includes renunciation of all other nationalities, then that is the basis for the need to apply for reacquisition of Philippine citizenship under Republic Act 9225.

The adventure continues
Fritz

Now I understand better. Thank you
July 7, 2004 - Met Aimee in a chatroom
Dec. 25, 2005 - Went to Phils to meet her the first time
January 7, 2006 - Mailed I-129F to Nebraska Service Center.
January 27, 2006 - Received NOA1.
April 18, 2006 @1859 cst - NOA2 - APPROVED!
July 15, 2006 - Packet 4 received
September1, 2006 - Medical
September 8, 2006 - Interview - APPROVED!
October 15, 2006 - Arrived in USA
November 4, 2006 --- WEDDING!!!
April 20, 2007 - Mailed AOS
May 18, 2007 - Biometrics
July 26, 2007---GREEN CARD!(no interview)
April 13, 2009 - Mailed I-751 for Removal of Conditions
May 5, 2009 - NOA (extension approved)
May 18, 2009 - Biometrics appointment arrived today-scheduled for May 29, 2009
August 13, 2009 - Approval for removal of conditions (originally delayed due to RFE)
August 20, 2009 - 10 year green card arrived in mail
June 9, 2010 - Treygan Isaiah is born
June, 21, 2010 - My adoption of Nathan is finalized

View Our Montage
My Blog: Lifes-Recollections
Visit my wife's blog: Girl Talk

Don (Iowa-USA) Aimee (Visayas-Philippines)

#15 Parx

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Posted 28 March 2010 - 11:26 PM

QUOTE (denterprise @ Mar 26 2010, 09:15 PM) <{POST_SNAPBACK}>
Once she is adopted here and receive her new birth certificate with your husbands name as the father and and she has her new passport which is evidence of her American citizenship you need to go about as if her old birth certificate does not exist. In the USA, after a certain time has passed her records are sealed. It is like her old records never existed.

As you go through the adoption process here, you will have certain requirements to fulfill to make it legal and binding. You will either have to get the biological father to sign away his rights agreeing to give her up for adoption or you can process the papers based on abandonment. If you go the abandonment route and provided enough evidence that you conducted a good faith effort to find the father the adoption will go through. You may have to post in your local news paper in the legal section for a month giving the biological father a chance to respond. If he does not, which he more than likely will not since he is still in the PI the adoption will be granted.

Once the adoption goes through her biological father will not have any rights over her, she will be an American citizen. I don't know if you can get her old birth certificate sealed in the PI, but because she is now your husbands daughter it should not matter. If you hired an adoption lawyer he should be able to answer that question more thoroughly for you.

I wish you the best as you finalize the adoption.

WE recently spoke with an attorney because I am planning to legally adopt by wife's son. This is exactly[ the way he says it works.
July 7, 2004 - Met Aimee in a chatroom
Dec. 25, 2005 - Went to Phils to meet her the first time
January 7, 2006 - Mailed I-129F to Nebraska Service Center.
January 27, 2006 - Received NOA1.
April 18, 2006 @1859 cst - NOA2 - APPROVED!
July 15, 2006 - Packet 4 received
September1, 2006 - Medical
September 8, 2006 - Interview - APPROVED!
October 15, 2006 - Arrived in USA
November 4, 2006 --- WEDDING!!!
April 20, 2007 - Mailed AOS
May 18, 2007 - Biometrics
July 26, 2007---GREEN CARD!(no interview)
April 13, 2009 - Mailed I-751 for Removal of Conditions
May 5, 2009 - NOA (extension approved)
May 18, 2009 - Biometrics appointment arrived today-scheduled for May 29, 2009
August 13, 2009 - Approval for removal of conditions (originally delayed due to RFE)
August 20, 2009 - 10 year green card arrived in mail
June 9, 2010 - Treygan Isaiah is born
June, 21, 2010 - My adoption of Nathan is finalized

View Our Montage
My Blog: Lifes-Recollections
Visit my wife's blog: Girl Talk

Don (Iowa-USA) Aimee (Visayas-Philippines)

#16 bethany

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Posted 28 March 2010 - 11:32 PM

QUOTE (denterprise @ Mar 27 2010, 02:15 AM) <{POST_SNAPBACK}>
Once she is adopted here and receive her new birth certificate with your husbands name as the father and and she has her new passport which is evidence of her American citizenship you need to go about as if her old birth certificate does not exist. In the USA, after a certain time has passed her records are sealed. It is like her old records never existed.

As you go through the adoption process here, you will have certain requirements to fulfill to make it legal and binding. You will either have to get the biological father to sign away his rights agreeing to give her up for adoption or you can process the papers based on abandonment. If you go the abandonment route and provided enough evidence that you conducted a good faith effort to find the father the adoption will go through. You may have to post in your local news paper in the legal section for a month giving the biological father a chance to respond. If he does not, which he more than likely will not since he is still in the PI the adoption will be granted.

Once the adoption goes through her biological father will not have any rights over her, she will be an American citizen. I don't know if you can get her old birth certificate sealed in the PI, but because she is now your husbands daughter it should not matter. If you hired an adoption lawyer he should be able to answer that question more thoroughly for you.

I wish you the best as you finalize the adoption.

Thanks Mr. Dave,this is more helpful to me,my hubby already consult to a lawyer but surprisingly he doesn't have any experienced about this kind of adoption,he is even more confused than us. The lawyer said exactly what you have said here about abandonment proceedings,but he said it might be so complicated,but what else we can do?,I guess just give it a try....Thanks to all of you guys here,I will be back to get some more info while we are on our way to the process of my daughters adoption,God will help us and hope for the best! Thanks to the owner of this site too! You did a good job for opening this to the public!

#17 denterprise

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Posted 29 March 2010 - 12:01 AM

QUOTE (bethany @ Mar 28 2010, 07:32 PM) <{POST_SNAPBACK}>
Thanks Mr. Dave,this is more helpful to me,my hubby already consult to a lawyer but surprisingly he doesn't have any experienced about this kind of adoption,he is even more confused than us. The lawyer said exactly what you have said here about abandonment proceedings,but he said it might be so complicated,but what else we can do?,I guess just give it a try....Thanks to all of you guys here,I will be back to get some more info while we are on our way to the process of my daughters adoption,God will help us and hope for the best! Thanks to the owner of this site too! You did a good job for opening this to the public!


I don't know what state you live in but here in Florida the process is not difficult at all. The clerk at the court will give you a stack of simple forms to fill out and bring back. Once you bring them back and you claim abandonment they will give you the names of news papers you can post the legal notice for 30 days. Once the thirty days are over you will receive a letter from the news paper saying your notice ran for 30 days. You bring the notice back to the court and then wait for a court hearing and you are done.

It is a very pleasant experience. We celebrate the adoption of my daughter with the birth of our son. The judge told me once the adoption goes through I will be responsible for her until she is of legal age. The biological father had no rights or responsibilities and I along with the mother will be totally responsible for her. She then said, with a smile, do you still want to go through with the adoption and I said yes I do!. Then it was over in just 10 minutes. Be careful some lawyers will try and make things out to be more difficult than they need to be. Hopefully you live in a family friendly state like florida where you can process your own papers.

God is Good all the time


Dave

#18 Ampalaya

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Posted 29 March 2010 - 01:45 AM

QUOTE (denterprise @ Mar 28 2010, 02:01 PM) <{POST_SNAPBACK}>
I don't know what state you live in but here in Florida the process is not difficult at all. The clerk at the court will give you a stack of simple forms to fill out and bring back. Once you bring them back and you claim abandonment they will give you the names of news papers you can post the legal notice for 30 days. Once the thirty days are over you will receive a letter from the news paper saying your notice ran for 30 days. You bring the notice back to the court and then wait for a court hearing and you are done.

It is a very pleasant experience. We celebrate the adoption of my daughter with the birth of our son. The judge told me once the adoption goes through I will be responsible for her until she is of legal age. The biological father had no rights or responsibilities and I along with the mother will be totally responsible for her. She then said, with a smile, do you still want to go through with the adoption and I said yes I do!. Then it was over in just 10 minutes. Be careful some lawyers will try and make things out to be more difficult than they need to be. Hopefully you live in a family friendly state like florida where you can process your own papers.

Yep adopting my step daughter was the BEST thing I ever did in my life.
WAY easier than the immigration process. It took 1 1/2 months start to finish. I hired a lawyer as I was burned out on dealing with the government. He was GREAT.
Denied K1, K3/K4, CR-1/CR-2, AOS, ROC, Adoption and US Citizenship. Dual citizenship.
All PAU!
Been there! Did it all!

#19 Live.Laugh.Love

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Posted 29 March 2010 - 01:11 PM

QUOTE (denterprise @ Mar 28 2010, 08:01 PM) <{POST_SNAPBACK}>
I don't know what state you live in but here in Florida the process is not difficult at all. The clerk at the court will give you a stack of simple forms to fill out and bring back. Once you bring them back and you claim abandonment they will give you the names of news papers you can post the legal notice for 30 days. Once the thirty days are over you will receive a letter from the news paper saying your notice ran for 30 days. You bring the notice back to the court and then wait for a court hearing and you are done.

It is a very pleasant experience. We celebrate the adoption of my daughter with the birth of our son. The judge told me once the adoption goes through I will be responsible for her until she is of legal age. The biological father had no rights or responsibilities and I along with the mother will be totally responsible for her. She then said, with a smile, do you still want to go through with the adoption and I said yes I do!. Then it was over in just 10 minutes. Be careful some lawyers will try and make things out to be more difficult than they need to be. Hopefully you live in a family friendly state like florida where you can process your own papers.



This info is very helpful.
I am in love with my bestfriend, who is also my lover and at the same time my husband

#20 bethany

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Posted 29 March 2010 - 10:35 PM

QUOTE (denterprise @ Mar 29 2010, 01:01 AM) <{POST_SNAPBACK}>
I don't know what state you live in but here in Florida the process is not difficult at all. The clerk at the court will give you a stack of simple forms to fill out and bring back. Once you bring them back and you claim abandonment they will give you the names of news papers you can post the legal notice for 30 days. Once the thirty days are over you will receive a letter from the news paper saying your notice ran for 30 days. You bring the notice back to the court and then wait for a court hearing and you are done.

It is a very pleasant experience. We celebrate the adoption of my daughter with the birth of our son. The judge told me once the adoption goes through I will be responsible for her until she is of legal age. The biological father had no rights or responsibilities and I along with the mother will be totally responsible for her. She then said, with a smile, do you still want to go through with the adoption and I said yes I do!. Then it was over in just 10 minutes. Be careful some lawyers will try and make things out to be more difficult than they need to be. Hopefully you live in a family friendly state like florida where you can process your own papers.

I live in the states of Wyoming,we tried to just walk-in to our court house and ask for an adoption forms,but the clerk said,they don't have it,she said that we need to hired a lawyer to do the process.

I just want to ask if you ever hired a lawyer in your adoption process?




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