Does he have any rights?

Question

My ex-boyfriend left when he found out I was pregnant in August of 05. He did not call or contact me in anyway. He called once after she was born in May. His name is not on the birth certficate. Im engaged to a great guy who wants to adopt my daughter. Does her biological father have any rights and if he does is it wrong for me to ask him to terminate his rights if he is not going to have anything to do with her

Answer 1

Well, I guess the question is - does your X want to be part of the child's life? Since he did not contact you - it should be very easy. In order for your husband to adopt him, your X will have to sign papers waiving all rights (That's really the only viable approach because you wouldn't want your X coming back in a few years asking for a paternity test because all of a sudden, he wants to be dad). That will maybe intimidate your X or maybe he won't care - Do it early... don't wait - because you have an opportunity to give your child a real dad.

I went through something similar and wrote my X a letter telling him that I am assuming he will have no problem signing the papers and basically told him that if he didn't, I would pursue full child support including a college fund. I don't think he got the pen out fast enough!!! Doing that did 3 things. 1) It allowed my X to go on with his life and find someone else and start another family and 2) it allowed my son to have a real full-tim dad and 3) it allowed my husband the respect he deserves by giving my son his last name - since he's paying for it all - Most importantly - always be honest with your daughter.

Don't wait until she's older - tell her stories while she's growing up - so she grows into it instead of shocking her in her teens. You can tell in a fairytale way that makes your current husband a hero and you so happy and 'guess who the little girl was that made the daddy soooo happy'......type of thing - (without making her biological dad look bad).... it should have a happy ending anyway.... sounds corny - but it works......lots of luck....

Answer 2

I remember hearing that a man can adopt a child of his wife if the real father has had no contact with the child for one year. I really dont know if that is true or not, but you may want to check it out. Also the man does have rights ONLY if he wants to see and be a father to the child. If not then you have every right to ask his to terminate his rights. His name isnt on the birth certificate, so then he would have to have proof that this lil one is his. If I were you ask him to give up the child, and let him know he wont be responsible for ne thing when it comes to the child. If he wont, but still has nothing to do with the child, get some child support out of him. Just depends on the kind of person he is. By the way it sounds he isnt so great. I think it is a wonderful thing that your soon to be wants to adopt this child. She needs the love of a good father in her life.

Answer 3

Yes, they do have rights and there have been court cases with situations like yours that ruled for the father. The specifics are different from state to state, so I reccommend reading up on it.

It is not wrong at all to terminate his rights. He sounds like he wants no part in raising this child, so do not feel guilty. I do not know the exact precedings to something like this, but I would assume you have to let him know about the actions you are taking. Hopefuly someone else can chime in.

If things turn sour, you'll definatly have to hire an attorney, though. But, I recommend reading up on adoption laws in your state and the rights of the biological father.

Answer 4

In my opinion he has no rights.. he left you when you were pregnant with her, so that right there shows he didn't give a damn about you or the baby.. so why now should he have any rights? And the fact that your fiance, (who isn't even your daughter's biological father) wants to adopt your daughter shows that he is a good person and deserves more rights then your ex.

Answer 5

Sadly enough, yes he does have rights. Now while he doesn't care is a good time to get him to sign those rights away. Make sure the papers he signs are completely legal in all aspects. There could come a day when he decides he made a mistake. If an attorney can find any loop holes in what he signed, he will still be able to cause you massive amounts of grief and possibly even get his parental rights back.

Answer 6

Yes, he is the biological father so he has rights to see your daughter. I don't know you and I'm sorry you have to go through all this mess, but in my opinion, I think you should let him see his daughter. My father left when I was born and I still think about him EVERY day. But that decision is up to you. I understand you are engaged and congrats, but just put a lot of thought into this. It's important. Hope I was helpful! :) Cheer Up!!!

Answer 7

I think that in the eyes of the law he would still have parental rights as her biological father. The safest thing to do is have him terminate his rights before your fiancee adopts her.
That way he will be legally unable to interfere with her adoption or her life in the future. Unless of course your daughter chooses to contact him when she turns 18.

Answer 8

Yes, by law, both parents have to consent to an adoption.

You have two ways to go with this:
1. You could lie and say 'father unknown'. Then if he objected he could have the child take a paternity test but ... if he never finds out... you are all clear.

2. You ask him to surrender all parental rights. My sister did this. What this means is that he is not held financially responsible and agrees to have no contact to the child. Another man is free to adopt the child.

Answer 9

i am not sure where you are from.. but in the state of ohio if the father has no contact for 365 straight days ( that means no support no phone calls ) then he has terminated his rights on his own. a lawyer can give you the legal rights of your state code. but if he was a dead beat from the beginning then ask him to leave the 3 of you alone and let the other guy adopt her. best of luck to all 3 of you.

Answer 10

he does have rights go to a lawyer and ask him to contact the man(so called man) and have the adoption papers there for him to sign if he does want rights a dna test and then take him to court with a parenting plan it will work in your favor. if he does want to see the child right on the baby will have both a daddy (who your with now) and a father the more love a child can get the better