Full question:
During our marriage I agreed with my husband’s decision to adopt his orphaned niece. We got divorced last year and my husband says I should contribute to child support for his niece. Can he get a child support order against me?
- Category: Adoption
- Date:
- State: California
Answer:
In California, a married person has to obtain the consent of their spouse for adopting a child during the subsistence of their marriage. However the consenting spouse is not responsible for the child unless their name has been included in the final order of the adoption as an adoptive parent. The law is stated in Cal.Fam.Code § 8603 that reads as follows:“ (a) A married person, not lawfully separated from the person’s spouse shall not adopt a child without the consent of the spouse, provided the spouse is capable of giving that consent.
(b) The consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless he or she has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent. The court shall not name the consenting spouse as an adoptive parent in the final decree unless the consenting spouse has filed a written consent to adopt the child with the court and has an approved adoption home study.
(c) The court may dispense with the consent of a spouse who cannot be located after diligent search, or a spouse determined by the court to lack the capacity to consent. A spouse for whom consent was dispensed shall not be named as an adoptive parent in the final decree.”
(b) The consent of the spouse shall not establish any parental rights or responsibilities on the part of the consenting spouse unless he or she has consented to adopt the child in a writing filed with the court and is named in the final decree as an adoptive parent. The court shall not name the consenting spouse as an adoptive parent in the final decree unless the consenting spouse has filed a written consent to adopt the child with the court and has an approved adoption home study.
(c) The court may dispense with the consent of a spouse who cannot be located after diligent search, or a spouse determined by the court to lack the capacity to consent. A spouse for whom consent was dispensed shall not be named as an adoptive parent in the final decree.”
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
