My boyfriend wants to adopt my son does my baby's dad have any rights?

Question

I didn't put him on the Birth Certificate and haven't heard from him since last november and my baby is now 3 1/2 months old??

We are getting married in March. I didn't put his father on the birth certificate and haven't heard from his father since i was 3 months pregnant and my son is now 3 1/2 months old.

Answer 1

I am an adoptive parent and a step-parent. Here is all I know about step-parent adoption.
State laws on stepparent adoptions vary. Most States have a streamlined process for adoptions by stepparents whereby the judge hearing the adoption petition has the ability to dispense with the requirement in State laws for an adoption home study. Some States, however, will not approve a stepparent adoption unless the custodial parent has been married to the stepparent for 1 year or longer.

When a stepparent wishes to adopt a stepchild, the child's parents (the stepparent's spouse and the noncustodial or absent parent) are usually both required to consent to that adoption. In consenting to an adoption, the noncustodial parent relinquishes all parental rights and responsibilities, including child support. If the noncustodial parent objects to the proposed adoption and refuses to consent to it, State laws may prevent the adoption from proceeding.

Some State adoption laws specify special circumstances under which the noncustodial parent's consent is not required. Other States have made special provisions in their adoption laws to allow stepparent adoptions to occur, even over the objections of the noncustodial parent, in cases where the noncustodial parent has failed to maintain communication with the child for a specified period of time.


Here's a link to more info about stepparent adoption
http://naic.acf.hhs.gov/pubs/f_step.cfm

Here is a link to search statutes by state for issues related to child adoption. Results will provide summaries of State statutes (and full text of laws, in some cases).
http://naic.acf.hhs.gov/general/legal/statutes/search/index.cfm


Best wishes and God bless

Answer 2

Unless the court has taken away his rights for some reason, he needs to sign off on his rights for your baby to be adopted. I am sure in cases of abandonment there are exceptions, but it has to be for longer amount of time then what you have said, and there have been cases where the courts have allowed babies to be adopted then later when the parent wants to be back in their life they reverse their decision and give the kid back to the parent. I'm sure that could apply here somewhere down the road.

Also, usually I don't think they let 'boyfriends' adopt the children of their significant other. The court wants to see proof of more of a commitment, which would mean that you two would have to be married. They don't want to set the child up in a situation where adults come and go out of their lives. They try to create as stable a situation as possible.

Of course at the rate that people get divorced these days that is not a sure thing for the child either. People just don't care about their commitments and their promisses anymore.

I wish you good luck with your situation. It sounds like you have something stressful going on.

Answer 3

first of all, your bf isn't adopting your infant till when you marry. 2nd, have you ever been working with an attorney in this rely? Get an attorney to pursue him on the newborn help difficulty. If he nevertheless would not pay up, see if there are grounds on your state for terminating parental rights on the grounds of ignore or something as a results of fact that he's not contributing to the help and care of his infant. Or see if the attorney can negotiate his signing away of parental rights in replace for no destiny infant help responsibilities. it fairly is a guy who needs to punish you, and is doing it by the newborn. regrettably, it harms the newborn greater advantageous than it hurts you. Did you have this infant once you weren't married and not in contract on having a infant? Then that's probable why he's making an attempt to punish you. that's, in spite of the incontrovertible fact that, completely unacceptable habit via a determine in the direction of a infant, despite if he needed a infant or not. Get an attorney, and notice what the attorney can artwork out. If the father relinquishes his rights, and when you marry, then in the adventure that your new husband needs to be a real father to this infant (somewhat than get protection stress advantages for it), proceed with the adoption.

Answer 4

3 1/2 months, and you've another suitor?? This old fart thinks your "boyfriend" doesn't have the faintest idea of what he is getting into.. I think HE should run like hell. You did not give any reasons for disqualifying baby's sperm donor.other than splitting.. Get the law on your side, and prove that He is the dad, and make him financially and spiritually responsible for helping create the life that you hold in your arms.Get your head on straight. Post-partum depression is some kinda wierd potent stuff,(See Andrea Yates) Don't be in any hurry to jump to any decisions, and/or conclusions.Sorry to sound so tuff. I have a 24 yr old daughter and a 4 yr grandbrat.

Answer 5

Depending on what state you live in, you may have to find him and get his permission for the adoption. A good place to start would be with a good attorney! But whether or not his name is on the birth certificate, I'm sure he has some rights. If you don't do this legally, he can always come back and say that's my kid you had no right to adopt him. So I would tread very carefully if I were you. I found this website. Hope it helps.

http://www.law.cornell.edu/wex/index.php/Adoption#adoption:_an_overview

Answer 6

I think you should check on it, but I don't think you will have any problems since the father didn't sign the birth certificate.

Answer 7

yes the babies father has rights. You just need to find him and get him to sign the papers...If he doesnt care about the baby then there will be no fights about it...but i dont think ur boyfriend can adopt ur son..unless u marry him.

Answer 8

as long as his biological father didnt sign the birth certificate then he will have no problem...

Answer 9

you need to find the birth father and tell him

Answer 10

if he gave you full custody then he has no rights but if you did not then he does