Spouse adopting non-biological child?

I was wondering what the process was for my husband to adopt my son. There is no father listed on my sons birth certificate, so I was wanting to know more information about how I would go through the process. My sons biological father says that I faked the whole pregnancy by showing pictures of my sisters son (she had her son @ end of may 2007 and i had my son aug 10, 07) now that my son is almost 2 years old, his bio-father still says I am lying to him. Anyone know Louisiana law for a bio-father who doesn't even recognize their child as theirs? Any help would be appreciated. Also if you find a website please let me know. The only ones I have found are on a couple giving up the child for adoption. Thank you!
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ok fifty50 and sizesmith both have great points. i am gonna extend this one out and check back. once my mind is made up then best answer will be chosen.

where is everybody?

well, you could take him to court and they will do a dna test. both will have to pay for it. then if he is found to be the child's father, he'll be made to make cs payments. i don't understand why a woman would just drop it because the father says no. go have a test. he has no choice. good luck.

sizesmith

Tell the bio father (after sending him a picture of your son and your sister's son together), that if he signs the consent forms, you won't sue him for 2 back years of child support, as well as the upcoming 16 years, after you have the court ordered DNA test done.

Tell him since he doesn't think a child exists, then he has nothing to lose by signing (since he obviously hasn't taken part in any part of this child's life). Chances are, since he hasn't signed on the state's putative father registry, the child can be adopted. Read the link below (I hope it posts-I've never done this before), to see about the putative father laws, and what needs to be done so your son can be adopted by your husband. Good luck, the child deserves a daddy who loves him.

Anna E

You need to contact an attorney that specializes in adoptions to ask questions. If you have acknowledged to anyone that you know who the biological father is, I believe they will make him be contacted and sign away his parental rights even if his name is not on the birth certificate. I had a cousin who got pregnant by someone she didn't know very well, and when her husband wanted to adopt this child, they actually had to run a personal add in the newspaper where he lived when she got pregnant in an attempt to locate him before her husband was able to adopt this child.

fifty50

You have to get the biological father to sign over his rights (termination of parental rights) and then your husband has to file to adopt your son. It can all be done at once. You can talk to a lawyer about filing these papers with the court or you can ask a court clerk to hand you a file on a case in which parental rights are terminated and/or someone has adopted a child. You can type the same papers on your computer and file them yourself. Sometimes court clerks can be difficult and will tell you that they don't know which cases deal with such matters, so they can't pull files. In that case, you just pull 10 family court files or you go up to the family court hearing rooms and review the dockets until you find a case dealing with such matters. Another idea is that you locate someone within your community who adopted a child and ask through which court they went. Then you go to that court and get that file by giving the clerk the last name and the approximate year in which they filed to adopt.

You may also want to do a name change at the same time, so don't forget to look up that as well.

Also, make sure you can file all three motions within the same case and ask how much it costs to file such a case.

Another idea is to look up cases on the Internet to see how they are written, but they won't be written in the same style as required by your court. They will give you ideas about how they should be written though.

You can also review divorce cases and other similar cases in your court system to see how the top of the motion should look when filing in your particular court.

It shouldn't be all that difficult and if you've incorrectly written the filing, the judge may just defer the case, so you can rewrite the motion.

I had to go to court and I ended up filing my own papers after paying something like $40,000 to attorneys. The attorneys couldn't guarantee any better outcome than what I could obtain.

In your case, no one is opposing what you are attempting to do. Without a dispute, it seems that you have an easy case. One concern I have is whether your son's father will sign papers relinquishing paternity as he doesn't claim to be the father. And if a DNA test is required by the court to prove he is the father, will he change his mind on his role once he knows for certain that he is the father.

I would move quickly on this matter because sometimes these errant fathers get a girlfriend or spouse and suddenly they want to participate in the child's life. That is what happened to me. My son's father wasn't all that involved, but suddenly wanted more involvement once he got married to a woman with three of her own children.

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