Adoption w/out being Married


You will need to file for divorce first before the adoption can go forward. Adoption is not an area where we generally practice, however, I believe you can consent to the adoption by her boyfriend even if they do not marry. You should consult with an attorney who specializes in adoption.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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I have been out of my Childs “life” for about 3 years now. The thing is, we are still married and have not filed for a divorce/separation agreement as of yet. I’m currently in the military and stationed in Portland, Oregon. My “wife” and my son are living in North Carolina with her boyfriend. She wants her boyfriend to adopt my son thus terminating my parental rights which is fine with me. My questions are…

  1. Can I approve the adoption to her boyfriend/give up my parental rights while still being married to her?

  2. Can her boyfriend adopt my son without being married to her?

That is all the questions I have for now. I