Can my current husband adopt my son?
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Can my current husband adopt my son?
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Alright a little back story, right after i got pregnant with my son I left the father and he's had NO contact with us for over a year now and I'm going to be getting married soon and already have another baby on the way and he(new husband) wants to adopt my son.
I have no idea where to find the father and he's not listed on the birth certificate and no paternity tests have ever been issued, so can husband just sign the birth certificate and be done with it, or does it have to go through his father and if so, what if we never find him. (Child support has been looking for him for a year with no luck so they can get a paternity test from him)
*Side note, I believe he's still in New Mexico and I'm in Ohio.
Thanks in Advance!
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piphop
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If he is not listed on the birth certificate, the biological father would have to petition for rights to the child anyway. However, I am pretty sure your husband will have to go through a formal adoption rather than just sign the birth certificate. It would be a safer option as well. Once your son is legally adopted by your hubby, the biological father would have a tough time ever reversing it. From the sounds of things, he probably wouldn't try, but you never know. My sister went through a similar situation and it has DEVASTATED my nephew. His "father" didn't have contact with him until he was 7 and then decided to fight for visitation rights. Because he was listed on the birth certificate, he was awarded them. We live in Texas and even though he has never paid a dime in child support and quits his jobs when they find him to garnish wages, my sister has no choice but to let him take my nephew every other weekend. I would suggest getting the adoption handled asap. It is different than adopting an abandoned child and is a pretty simple procedure. Good Luck and Congrats!!! |
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Pirate Girls Kick Butt!
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I'd contact your local DHHS to be sure. Since he's not on the BC I don't really know but.....
either way he'll need to do it legally through a court. |
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'Tis Twilight Time
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does he ahve 2 adopt him??? cant he just like live with him as a step?? |
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Mommy to 11 month old Jacob
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If he is not on the birth certificate I don't think you have anything to worry about....and I think that if you can't find the birth father for over a year then you can have your husband to be adopt your son. |
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Jennifer K
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Call the courthouse in the county you live in or check with a family law attorney to be sure. I would think if the father is not listed on the birth certificate he has no legal say over the child. Ask the attorney who would handle the adoption. |
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