My daughter is not biologically my husbands. But she has my last name and her biological father did not sign the birth certificate, hes never even seen her and could care less about her. So i was wondering if my husband would have to go through the whole adoption process, or could he just sign the birth certificate and me get another one with her last name changed from mine to his???? and how would we go about it, you know get started with the process???? Please help
2006-12-17 14:03:39 · 6 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
Is her birth fathers name ON the birth certificate? If not, just fill in your husbands name. If he is, that makes things more difficult, but doable. All you would have to do then is send a "parental rights release" that means he would have no rights to her, child support or otherwise and after he signed it and sent it back you could then finish off the adoption.
My nephew just went through this with his new daughter!
2006-12-17 14:14:39 · answer #1 · answered by AdamKadmon 7 · 0⤊ 0⤋
I am in Texas, and work for an attorney. I am also starting the same process. In Texas, to just have your husband sign the B.C. as if he is the father is FRAUD, and if found, can come with some major heavy fines! The easiest way to do it, is to find a good family lawyer that can help you, because there is a lot of legalities and forms to file with the court etc. First, you have to have the sperm donor's rights terminated, then req. adoption, which here you can do both in the same petition. Anyway, like I said, this is a very complicated process, and an attorney is probably your best bet! You don't want him coming back later in life and something being out of order!
2006-12-18 05:22:56 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I believe you can go to the courthouse and get a form to do a name change since the girl has your maiden name. You will need her birth certificate to prove her last name and that her father is not on it. When you fill out the paperwork for the name change, do not list the name of the real father, leave it blank or you will end up having to get permission from him to change it. Good luck.
2006-12-17 14:08:57 · answer #3 · answered by Angela F 5 · 1⤊ 0⤋
In order for your husband to legally adopt your daughter, you need to have her biological father's parental rights terminated in a court of law. You need to hire an attorney who specializes in family law to handle the paperwork.
There are 2 ways his parental rights could possibly be terminated
1. Your attorney can contact him and ask him to sign a Consent form to terminate his rights voluntarily.
2. His rights can be involuntarily terminated if he refuses to sign, or it is impossible to contact him. Your attorney will have to prove that she searched "diligently" for him in the event that he is not able to be located. This means looking through voter registration, drivers license lists, phone books, contacting people with the same last name that he has that live in the place where he was last reported to be staying, and advertising for him in local area newspapers. After 6 months of being unable to locate him, his rights can then be involuntarily terminated.
2006-12-17 14:16:42 · answer #4 · answered by Anonymous · 0⤊ 0⤋
try contacting your lawyer maybe he can draw some papers up on it and get it started. good luck. sounds like you got a great guy, your daughter is very lucky to have him.
2006-12-17 14:58:33 · answer #5 · answered by misty blue 6 · 0⤊ 0⤋
You have to go through the courts
2006-12-17 14:12:54 · answer #6 · answered by lisa_08 3 · 0⤊ 0⤋