I have a daughter she is 16 months. I am not married to her biological father. He didnt sign the birth certificate and did not sign the voluntary act of paternity. Public Aide has asked me to fill out forms of her biological father and I did and so they know who he is. (He is illegal) I am married now and my husband wants to adopt her. My question is Can he just sign the birth certificate and say he is the father? Also her bio father knows that he is the dad and He lives in AZ and I live in IL. What can I do?
2006-08-01 16:30:51 · 3 answers · asked by Latintweety 3 in Politics & Government ➔ Law & Ethics
Can he just sign the voluntary act of paternity and the birth certificate without having her adopted and he just be considered the biological father. So i dont have to get a lawyer. I know where her boilogical father is and I already turned in the fake ss# he uses and I know his phone # too.
2006-08-01 17:31:06 · update #1
The bio father could bring a court action and do genetic testing.
I am sure many do it. Will you go to jail for it? Probably not.
The bio father could have it revoked.
No one may ever be the wiser.
No such thing as the birth certificate police, however hubby says he would nt advise your new husband to do this. It sounds easy, a quick fix and all at the time, but it may cause more work later.
I hope we answered your question.
What could happen is that later on the two of you could divorce, your hubby could try to undo what he has done, courts will probably not let him.
It is your call.
2006-08-01 16:49:08 · answer #1 · answered by Valerie 6 · 0⤊ 0⤋
You can institute an adoption action and have your new husband adopt your little girl. The biological father will have to consent to termination of his parental rights (regardless of his immigration status). If he does not respond to service, or does fight the action, a judge will ultimately determine whether or not the biological father's rights should be terminated and allow the adoption to go through.
Better to start this sooner than later in this case. You don't want to waste time and end up adjudicating this 10 days before the kid starts school like my firm is having to do tomorrow morning!
2006-08-01 16:51:42 · answer #2 · answered by shomechely 3 · 0⤊ 0⤋
Probably not. They will appoint a Warning Order Attorney or Guardian Ad Litem to attempt to find the father so he can sign his rights over. If he is illegal, you should have no problem since they probably won't be able to find him
2006-08-01 16:45:49 · answer #3 · answered by Salem 5 · 0⤊ 0⤋