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, if you consented to your spouse's adoption of a child during your marriage, you are not automatically responsible for child support unless you are named as an adoptive parent in the final adoption order. According to California Family Code § 8603:
- A married person must obtain their spouse's consent to adopt a child while married.
- Consent does not create parental rights or responsibilities unless the consenting spouse is also named as an adoptive parent in the final decree.
- The court can only name the consenting spouse as an adoptive parent if they have filed a written consent and completed an approved adoption home study.
- If consent is dispensed with for a spouse who cannot be located or lacks capacity, that spouse will not be named as an adoptive parent.
Therefore, unless you are listed as an adoptive parent in the adoption decree, your ex-husband cannot obtain a child support order against you.
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.