Legal: Can Child From Another Relationship be Adopted by New Husband?

Q: If I have a child from a previous relationship and I marry someone else, may they adopt the child?

A: It is possible, but it largely depends on the status of the biological father. If the father is unknown, you may be required to contact all of the possible former partners, publish and to check the Putative Registry. A putative registry is a mechanism a biological father may use to register as the father of a child before or after the child is born, but not necessarily after a petition for adoption has been filed. (Check here to determine whether or not your state has a putative registry.)

If the biological father is known, he will either have to consent to the adoption, or he will have to have his parental rights terminated by the court. It is best not to take these decisions lightly. The termination of parental rights is not a simple matter, and it is not done for convenience.

The balancing interests when dealing with children in these types of matters are the best interest of the child and the rights of the father.