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4 Bumps

If i get married can the guy i marry adopt my child without consent from the bio father?

Keep in mind that the bio father dont have any rights to him.

Answer Question

Asked by jellybeansmama at 10:54 AM on Jan. 12, 2011 in Adoption

Level 5 (78 Credits)
Answers (33)
  • Only if the bio fathers parental rights have been terminated by the courts.

    Answer by tyfry7496 at 10:56 AM on Jan. 12, 2011

  • I think this varies from state to state, but if the bio father doesn't have any rights then there are none for him to sign over so I would say yes.

    Answer by scout_mom at 10:57 AM on Jan. 12, 2011

  • in my state..yes. if the father has no rights at all you can. however, if the father has any rights you would have to have him sign his rights over. i'm sure laws are different from state to state

    Answer by shay1130 at 10:57 AM on Jan. 12, 2011

  • did the bio father leagally give up rights? or legally not have any to begin with (not on birth certificate)?

    if the birth father has no legal rights or claim to the child, then yes, i'm pretty sure.

    Answer by boobarandbell at 10:57 AM on Jan. 12, 2011

  • When you say he has no rights do you mean the Court severed them or you just don't allow him any rights? That makes a difference. If you just don't let him see the child or he doesn't visit the child, then no.

    Answer by admckenzie at 10:59 AM on Jan. 12, 2011

  • The bio father is not on the birth certificate or anything

    Comment by jellybeansmama (original poster) at 11:00 AM on Jan. 12, 2011

  • Check with a lawyer. Even if he is not on the birth certificate, if his rights haven't been terminated by a court, the courts will probably require that the bio father sign off on the adoption. This has come up in normal adoptions where father's didn't know they had a child that was given up for adoption by the mother, and fought to take their child from adoptive parents.

    I'm not a lawyer, and every state has different laws, I'd try to see if you can get a free consultation with a lawyer.

    Answer by ohwrite at 11:01 AM on Jan. 12, 2011

  • Unless you have gone to court to terminate his rights then by law he does have rights to his child. The only way to terminate rights is to serve him, go to court, and hope to God he doesnt show up. If he shows up in most courts they take that as an interest in the child and will err on the side of caution and allow him rights. He can then ask for visits and set up child support. If you want to terminate his rights because he hasnt had contact then hire a lawyer. The lawyer can petition and make sure your side of the story is clear and concise. He will also likely be asked to work with another lawyer a judge will appoint for the child. They work together to show why termination would be best, or in the childs lawyers case if they find reason why it might not be best.
    My best friend just went through this.

    Answer by gemgem at 11:01 AM on Jan. 12, 2011

  • i would consult an attorney on this one. most give free consultations. only because they might still contact him and let him know about the situation. and not being on the birth certificate is not a guarantee for a father not to have any rights. at least in my state. i have consultated a attorney on that one . i would say if he is out of the picture for awhile he involuntary terminates his rights and your husband can adopt the child. good luck.

    Answer by lambdarose at 11:01 AM on Jan. 12, 2011

  • If he isn't on the birth certificate, then as far as I know, an adoption shouldn't be a problem. As everyone said, though, check with a lawyer about it. I'm guessing you'll need to have one for the adoption anyway. I'm not sure.

    Answer by SpaceToast at 11:03 AM on Jan. 12, 2011

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