The Law Offices of

B J Fadem & Associates, APC

Certified Family Law Specialist

Second-parent adoption is the adoption of a child by a second parent in the home who is not married to the legal parent of the child. A second-parent adoption allows a second parent to adopt a child without the “first parent” losing any parental rights.

Adoptive parents usually have the same rights as biological parents in custody and visitation matters in most States that allow for this type of adoption.

For same-sex couples, it is often the case that there is only one legal parent even though two people may equally parent the child and think of themselves as co-parents. This is because the status as a legal parent is automatically conveyed to the parent who has a biological connection to a child, such as a biological mom or biological dad.

Similarly, while some couples raise an adopted child together, only one of them may have officially become the adoptive parent because some agencies prohibit same-sex couples from adopting together but permit an LGBT individual to do so.

A second-parent adoption allows a second parent to adopt a child without the “first parent” losing any parental rights. In this way, the child comes to have two legal parents. It also typically grants adoptive parents the same rights as biological parents in custody and visitation matters.

Not all states allow second parent adoptions.

If second-parent adoption is unavailable where you live, you should prepare a written co-parenting agreement or a custody agreement with your partner. At least, you should gather other evidence that can prove that you are a family.

It is important to recognize that these steps are not guaranteed to secure your parental rights because courts are not required to uphold such agreements but, rather, consider the best interest of the child the primary concern.

But many attorneys recommend that you complete such agreements anyway so that they may be used to demonstrate your intention to the court in the event a custody dispute develops.

Because family law varies from state to state, it is recommended that you consult an attorney from our firm who is familiar with these issues in our state for help drawing up such documents.

Your issue may be time sensitive, please contact our Law Firm at (408) 280-1220 to set-up your Initial Consultation.

Our main address:

B J Fadem & Associates, APC
111 North Market Street, Suite 910
San Jose, California 95113 US
Toll Free: (866) 973-2336
Local: (408) 280-1220
Fax: (408) 971-9940

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Client Testimonials
  • BJ Fadem was my lawyer in a child custody case. He was incredible. He knew my fears and took the time to ease everyone of them. BJ was helpful with everything. He is about fair and what is best. I would not have made it through the process without him. BJ is a compassionate, knowledgeable, and straight forward. I would recommend him for anyone that is in need of a Family Law lawyer. Hated going through it, but he made it incredibly painless!Posted by Scot
  • I hired BJ Fadem and Associates to enforced my divorce settlement. BJ Fadem and Associates read through the entire divorce settlement and wrote a letter to my ex-husband pointing out what was not being enforced. BJ is very kind and makes you feel comfortable talking about the situation. BJ and his staff followed through on getting the tasks done and my ex husband complied with his responsiblities. The best possible outcome I could have expected and I couldn't have reached that result without BJ Fadem and his team!Anonymous
  • I have had several opportunities to consult with this law firm over the past few years. I have always received timely and courteous responses to my inquiries. The reason I return time and time again is knowledgeable employees and the respect I am treated with. I also think that the noncondensending matter in which I was treated was a prime factor. It was hard enough to go through what I did, I appreciated not being talked down to by some old stuffy lawyer. Though I have only consulted with Fadem Law, I have referred a few family members who were totally happy with the outcome of their cases.Posted by Claude
  • Mr Fadem is extremely knowledgeable of the laws. Felt he was very in tuned to my needs and fought those. Would definitely would use again. HIGHLY RECOMMENDPosted by Sharon
  • I endorse Mr FADEM Loved The Way He Went To Bat For Me Very Skilled!!! Mostly He Listened When I Thought I Had No Hope!!! Thanks For CaringPosted by Darrell Fears
  • I had a previous attorney who so screwed up my divorce that I almost lost my home, custody and my business!!! When I did my initial consultation with Mr. Fadem, him and and his staff immediately started working on my case to get things saved! The professionalism, customer service and legal knowledge this firm has is incredible!! I can't say enough!! My case is still going on. However, I am so grateful for all they have done and are doing on my behalf!Posted by anonymous
  • I have worked with Mr. Fadem on many occasions and he is as intelligent, professional, and dedicated as they come. His knowledge of family law is outstanding and I refer him to anyone who needs a specialized and highly skilled family law attorney.Posted by Emily
  • As a father with an extremely challenging custody situation, I went through several attorneys before retaining BJ Fadem. Without a doubt BJ has helped my case and my family reach favorable results more quickly and effectively than the collective effort of my first three attorneys combined. Based on years of favorable results and such a positive experience there is no way I would use any other law firm for custody or family law matters. BJ Fadem is absolutely one of the finest custody attorneys in the bay area.Posted by Gary
  • Professional and Skilled. Great Law Office! Mr. BJ Fadem is a knowledgeable and skilled attorney with great experience. Thank you!Larry
    California Jan 27, 2014