Can My partner Adopt my 2 year old Son?
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Can My partner Adopt my 2 year old Son?
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Is it legal for my de facto partner to adopt my son? Would we have to marry. Technically there isnt a biological father yet, as dna testing needs to be done. Im just scared that when the testing process is over the biological father will go for custody and that would make things very difficult. We are planning on marriage anyway but would be willing to put it forward if we have to.
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♥♥Rita♥♥
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Assuming there is a father in question since DNA testing is in the works....that would have to be absolved before an adoption would/could be granted. Even if there were an "unknown father"...technically in most states (if not all) that unknown father's rights would have to be terminated.
Also, you say there is not a "biological father" yet....everyone has a biological fatter, but not everyone has a legal father....your child currently has a putative father for sure who may be the "biological" father.....most on this forum would prefer the term "natural" father.
About your partner adoption....I believe you would have to be married to him for him to be able to adopt your child....after the natural father either relinquished or had his rights terminated.
If the natural father wants to be a part of his child's life...is that a bad thing?? Unless he is a dirt bag from hell, your child would likely appreciate having a relationship with him throughout his life. If he wants to be involved and is a good person to be around....well, I won't say anymore as that would not answer your question...
All in all, the natural father, if determined and known, would have rights and those rights would have to be severed in some way in order for an adoption to take place by your HUSBAND as to your child.
Take care!! |
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SiggySmalls
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no ,the only way is for the biological father gives up custody |
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aloha.girl59
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Your son's biological father has rights. It is unfair both to him and to your son to deny him those rights. Get a DNA test, figure out who the father is, and see if he wants partial custody. Your child has a right to grow up knowing BOTH of his parents! If the father doesn't want to be part of your son's life, that's his choice. Unfortunate, but a choice nonetheless. Do the right thing and locate him. Don't falsify documents or lie to your son -- now OR in the future. It's just wrong and you will live to regret it. Worse, so will your son. |
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midnytangel18
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Once a paternity test is taken and the biological father is found, the biological father would have to give up rights to the child before the child could be adopted by your partner. I think you may have to be married for him to be able to adopt also but, I'm not absolutely sure. |
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kathiangel711
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If you do not have a father listed on birth certificate and no one is seeking to do paternity, yes your partner can adopt, I also believe that if there is no father already listed you could just have him added to the birth cert. with out adoption. good luck...I would wait until after the marriage though. |
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