Can you adopt a step child without the other parents signature read for more info?

my 4 yr old's dad is in prison and never payed child support and is not even on her birth certificate but he knows she is his and only shows up when he wants to she don't even remember him much and my husband wants to adopt her and im wondering since her dad is not on her birth certificate or anything so do i need his signature on adoption papers so my husband can adopt her
Additional Details
he not on the birth certificate cause in louisiana the father has to be at the hospital and sign papers to be on it and he was not there

HappyMomAnna

If you want it to be a legal adoption with no chance of anyone contesting then you will need to get an attorney. The laws and rules about these issues vary widely from one state to another and with one case from another.

Some states offer men who believe they are a biological father the opportunity to exercise certain rights. It doesn't matter if someone is in prison since sometimes a mom is the one! Mom's in prison have parental rights and father's do as well.

The only perfect answer you will get is to speak with an attorney.

Ashbabe<3

ya kno im not sure? im sure u can call the court house and ask.. why is he not on the BC? hmm well lol goodluck =D

Lori A

Check with your state, each one is different. If he is incarcerated you will have to know the particular laws concerning that.

Know about sealed records and how this will affect your child BEFORE making your decision.

mom of many

yes, you need his permission. The only way to try and get around it is to say you don't know who the father is, and then notices are placed in the paper asking that anyone who might know who the father of your child is to step forward and it wouldn't be a pretty situation when the courts find out you lied. The easiest way would be to talk to the bio father and convince him its the right thing to do. And the papers all need to be signed thru a court before an adoption even begins. If he doesn't agree you can still go to court and try to convince them to just terminate his rights, particularly if he is to be in prison for a long time. But...he is still the father and has some rights at this point. Your husband also must first be approved by the state to adopt by having a homestudy done.

kidmindi

Contact a family law attorney and ask about the laws in your state.

In most state if the absent parent has gone a year w/o contact and/or support, then their rights can be terminated w/o their consent. Since he is not on the birth certificate it might be even easier.

The lawyer will tell you what needs to be done to terminate rights, then s/he will draw up a petition to adopt and have a court date set. You and your husband will go to court and the lawyer will present your case, the judge will ask a few questions (making sure your hubby understands that he will be responsible for your daughter until she is 18) and then he sign the decree and it will be final.

nina never gets it

If he complains, then he can request a paternity test or whatever and try to get joint custody, although his criminal record will definitely not help him. You could just tell him to go to hell and not show up any more, it's worth a shot.

Philippa

He doesn't have rights as such but he could 'play' funny so make sure of your rights before proceeding. Good luck!

DANAITHERESE

No you don't he has no legal rights. Just tell the judge you don't know who the father is. You could just have your husband sign a voluntary aknowledgement of paternity. When he does that the birth certificate is automatically changed and the whole adoption thing is unnessecary. You can get the form through human services

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