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3 Bumps

Can my husband adopt my son if the ex is on the birth certificate???

can my husband adopt my son with out the sperm doners permission? ( Loser dad)_ he is on the birth certificate though??? Any one know any thing about it? thanks!!

Answer Question
 
kristybaby2

Asked by kristybaby2 at 3:14 PM on Jan. 3, 2011 in Adoption

Level 8 (201 Credits)
Answers (12)
  • The father would have to relinquish his parental rights.
    bbbrussell20

    Answer by bbbrussell20 at 3:14 PM on Jan. 3, 2011

  • ughhh theres no way he'd ever do that. Along with never calling sending money or well he does absolutly nothing.
    kristybaby2

    Comment by kristybaby2 (original poster) at 3:16 PM on Jan. 3, 2011

  • It may depend on the laws in your state. Where I live, the father would have to sign over his rights before your husband could adopt him. If you have a county attorney or a public legal representative, you can call those offices and find out what the law is in your state.
    NannyB.

    Answer by NannyB. at 3:16 PM on Jan. 3, 2011

  • Not without the father relinquishing his parental rights.
    You'll have to contact him and have him legally terminate his rights. Doesn't matter if he is in the child's life or not.
    twinsplus2more

    Answer by twinsplus2more at 3:16 PM on Jan. 3, 2011

  • i dont think your ex being on the certificate or not makes a difference. what will though is your ex's permission because yes, he will have to sign over. im having the same problem with my ex, the bio-father of my oldest, however she was raised by my husband and now that we want to adopt her, he doesn't want to sign his rights over. but not because he doesn't want to give her up, but because he wants to keep holding this shit over my head. he's a very controlling man and even now that we've been apart for 4 years, he still finds ways to control me. he could careless about MY daughter. i wish you luck and hope you have a better outcome! if your ex has to pay child support, telling him he won't have to anymore after signing might be a bonus for him.
    tnm786

    Answer by tnm786 at 3:16 PM on Jan. 3, 2011

  • you have to have the birth fathers permission. the only way around it is if you dont know where the father is and he hasnt been a part of the kids life then you just need to contact the courts and they will mail a letter to the last known address stating they are going to terminate his rights unless he responds with in so many days if he doesnt respond and you cant find him then they might do it for you that way. Butif you know where he is you hve to have his permission.
    Jaxsmommy09

    Answer by Jaxsmommy09 at 3:17 PM on Jan. 3, 2011

  • yep, the birth father would have to give up rights. There are ways around it though, like if the dad is non-existant & you don't know where he is, you can put out a search ad in the paper for him. If no one sees it or replies to it, you can use this as evidense that he no longer exists & you have no idea where to find him.
    samurai_chica

    Answer by samurai_chica at 3:17 PM on Jan. 3, 2011

  • now that he wants to adopt her*
    tnm786

    Answer by tnm786 at 3:17 PM on Jan. 3, 2011

  • No. You have to go to court and get his parental rights taken away. One of my good friends just did this. Her daughters dad had not seen her since she was 6 mths old and her husband had raised her since basically. They served the bio dad, went to court, and they took his rights away, and then her husband was free to adopt. It was a whole process. Her daughter was actually assigned a GAL to insure her rights were being looked after.
    gemgem

    Answer by gemgem at 3:21 PM on Jan. 3, 2011

  • We are going through that. We have a case of abandonment in that the bio-dad hasn't seen the kids in over 5 years. As long as you can provide proof that the bio-dad is not in the picture and that your husband has been, you have a good shot.
    derosia_mama

    Answer by derosia_mama at 10:20 AM on Jan. 4, 2011

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