My daughters is 4 years old and has never meet her father. He is also not on her birth certificate. In the place where the fathers name should be it says "unknown". My fiance wants to adopt her when we get married. I was wondering if we had to contact the real father to sign away his rights or can we just change her birth certificate? Please any help/suggestions would help!
2006-06-27 09:09:29 · 11 answers · asked by Brandot 2 in Family & Relationships ➔ Family
Man, I just went through this! If her bio. father pays child support, then yes he must be contacted to sign away his rights even if she has NEVER laid her eyes on him. If he doesn't pay or contribute in any way, when your child has gone without ANY paternal support for 5 consecutive years, then all you have to do is run it in the classified ads in your town for 4 weeks. The newspaper will give you an affidavit and you will have to sign one stating that you have not received any support from her bio. father. After that point, it is pretty smooth sailing. Hopefully you won't get an ****** for a judge like I did... the same judge that ordered my son's father to only pay $96 a month for support <--- Please try to hold your laughter until the end of the paragraph. Thank you.
2006-06-27 09:18:32 · answer #1 · answered by mizzmisti 3 · 5⤊ 0⤋
I don't think you can change the birth certificate. If he adopted her you would have an adoption certificate and he would be legally her father. We did this with my daughter but her biological father knew and did agree to the adoption. I don't know if you legally have to contact him, especially if you maintain to the courts that her father is unknown. I guess it's a moral question. Does the biological father know about the child? Was it his choice to have no contact? I guess, if it was he probably wouldn't have a problem with the adoption anyway. My daughter's bio. father was just glad to not have to pay child support. I personally, feel you should contact the father. If he is a deadbeat dad he won't object. If he does want to be a part of his child's life he should have the opportunity to do so.
2006-06-27 16:23:10 · answer #2 · answered by jonny'sgirl06 2 · 0⤊ 0⤋
From what I remember, if the natural father's name is not on the certificate and has no contact with the child then he has no say in the matter. One thing though... the birth certificate is a legal document and I don't think it will be changed even through adoption. You will probably have and adoption certificate to go with the old birth certificate.
2006-06-27 16:14:41 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is whatever according to your state laws. I know in my case my child's biological father had not had contact with her or had not paid child support with her in over a year. He was served with papers to make him aware that my husband was intending to adopt her. He had a chance to be heard on the court date. He did not show up, so the Judge took away his rights and gave them to my husband. Note that I said took away his rights, it was for legal abandoment. He never signed anything. The birth certificate was changed to have my husband as the father. She got a whole new certificate with her new last name and father name. Now I am sure that there will be a 30 day period of to contact the biological father and it will be addressed as unknown father in the newspaper although you know who the father is. There is no DNA test to prove to such UNTIL he answers the newspaper. Then he will rights to her because a DNA test will be ordered. If within 30 days no father is provided then your fiance will be allowed to adopt her. I AM NOT AN ATTORNEY. I am only going on my past experience and my best friends experience.
2006-06-27 16:39:30 · answer #4 · answered by bobbiericky 2 · 0⤊ 0⤋
The adoption can be done without the biological father unless your state law states otherwise. Additionally, you have to go through the court and get an adoption completed by a Judge and have the adoption certificate in order to change the birth certificate.
2006-06-27 16:46:59 · answer #5 · answered by blevinssl 3 · 0⤊ 0⤋
I went through this, and you have to put a notice in the paper but the loophole is you do it where the child is not where he is. i live in a diff county than my sons father and he never knew anything. my son will know who his father is one day and he can make the decision on what to do about it, but my husband is his daddy and hes the one who cares for him. I wouldnt put your fiances name on her birth certificate though. bc one day she could change her mind. You have to be careful with things like that. my family knows my son isnt my hubs and the cat could be out of the bag at any time so be prepared for it. if he has abandoned her and hasnt seen her or done anything financially for her then you can erminate his rights.
2006-06-27 17:00:12 · answer #6 · answered by jls91380 2 · 0⤊ 0⤋
It generally depends on what state you live in, but if her real "father" hasn't had any contact with her then it is considered abadonment and you don't have to consult him in the adoption. Since you have to go through court/judge for the adoption anyway, they will tell you everything that needs to be done.
2006-06-27 16:18:27 · answer #7 · answered by Sassy Mom 2 · 0⤊ 0⤋
locate the doctor that birth her he should be able to locate a copy of the birth certificate and it to a computer and put your fiances name in the father's place.
2006-06-27 17:10:37 · answer #8 · answered by hoodqueen118 3 · 0⤊ 0⤋
I would think after 4 years it would be considered abandonment.....but....where I live...you can put a message addressed to him in the newspaper of the town you live in.....It doesnt matter if he lives there too.....and then it has to run 3 times within a few months...if he doesnt respond...then his parental rights can be terminated and you can then start legal procedures to adopt....Good luck.....and Congratulations.........Your daughter deserves more than a dead-beat dad
2006-06-27 16:16:06 · answer #9 · answered by lisa46151 5 · 0⤊ 0⤋
I am not sure but I do not think you have to contact the father! Just say that you don't know who it is!
2006-06-27 16:19:01 · answer #10 · answered by Sabrina D 2 · 0⤊ 0⤋