can my fiance adopt my son when we get married.......MORE>>?

Question

Those were all good answers but i guess i could have given more info.. The bio father isnt on the birth certificate cause he left when I was 3 months pregnant and i really havent seen him since then. He has never helped me out in any means or anything else a father should do. My son is now 3yrs old and knows my fience as his daddy thats what he calls him..We are getting married next yr but its just curiosity for right now until we actually get married. I really need help...

Answer 1

absolutely 100 percent...yes, if this is the only father your child has known...and the birth father left during your pregnancy...of course your fiance can adopt your child...no question!! if you are happy with it and the child & your partner are all happy - then you want to be family - no law court in the land will keep you apart..go for it! i do hope that it works out...good luck honey! what a great loss it will be to the birth father...so sad that he was a selfish git..and he will be learing a very hard lesson in life...but of course, too late!!

Answer 2

First off, NONE Of us are lawyers and were not sure if our state law is the same as yours. However I am allowed to give you advice that was from my own personal case...

Since his name was NOT on my sons birthcert it is MY word against HIS if he tried to fight the adoption (he left when I found out i was pg). NEVER agree to a parternity test if he ever came into your life begging to be a part of the childs life. Make his lawyer seupena u for the paternity test. (which lets face facts here: 1. he abandoned the child at conception if you told him you were pg, that is. 2. if he comes forward admitting he's the daddy he'll have to pay child support, what man wants that?) The most I'd do is publish a legal notice in the news paper at his last known address of the upcoming adoption. But to be honest, his name is NOT on the birthcert he has NO rights until he sues u for paternity admitting he's the father then proving it with a blood test. There is only the moral right-- not a legal right-- to publish the upcoming adoption. I asked my x if he wanted to be a part of our son's life...several times, every time he disowned having a son! Confront your x if your worried he may want paternity down the road. If he disowns the child then heck with him...don't even publish the adoption date! Good luck! As always, contact an attorney in your state.

Answer 3

The answer is the same! The Biological Father has rights no matter what scenario you paint!

You either have to get him to sign a consent to the adoption or you have to severe his parental rights. He is entitled to and must be served with process before an adoption could take place. It's not just a simple matter of "oh he's never been around." It's a matter of biology. You may not take it seriously, but the courts do.

If he chose to pop up sometime in the future and lay claim to the child, he could prove he's the father by DNA. The adoption would become NULL AND VOID!!

DO IT RIGHT THE FIRST TIME AROUND OR ALL OF YOU COULD SUFFER SERIOUS CONSEQUENCES IN THE FUTURE.

Answer 4

Yes your finance can adopt your son, but need the baby's father to sign away his rights as the father. If the baby's father is on record anywhere you would need his permission to adopt the baby.

However, if the birth father refuse to give permission, sue him for child support. Which you should have done when the baby was born. If he fights you on the support issue, he's admitting that he don't believe himself to be the father. So he wouldn't have any rights to say what happens in the baby's life.

Answer 5

I don't know the law for your area, but I can tell you that most of the time if you have tried to contact the birth father and had no luck when you go to court they will tell you to post an ad in the local newspaper, or the in the paper of the area he was last known to be in stating that you are seeking a revocation of parental rights and how to contact you. You have to run it for a certain amount of time I think it's two weeks. If you receive no answer you can go to court and get the judge to revoke his rights, that way your new husband will be able to adopt your child with no problem. I would contact your local family court for details on how to go about it that way they have it on file for when you go before the judge. I'm not sure about court cost or anything, but it's the only way your going to be able to get it done. Best of luck!!! And congrats on the new family!!!

Answer 6

If he marries you, I'd say he's pretty much adopted your son right then and there. It's not like you're keeping this a secret from him, so he's obviously alright with supporting the little booger. I think being a step-son is as good as an adoption any day. Legally they may be different, but in practical reality, there's no difference at all!

Answer 7

Of course he can adopt. You should contact an attorny (after the wedding) to take care of the details. I'm surprised the birth certificate has no father's name. I think it must contain the name of the bio father. .

Answer 8

I know someone who adopted his now-wife's son BEFORE they got married. YES, a man can adopt another man's son, especially if the other man isn't on the birth certificate. IF the other man is paying child support, that will stop.

Answer 9

If something ought to ever ensue on your fiance (and you be attentive to how "murphy's regulation" works), you does no longer be waiting to sue the organic and organic father for baby help. while you're no longer independently wealthy, that ought to be a difficulty. on the different hand, while you're financially nicely off and have self belief that your son could be greater advantageous off while not having any touch together with his organic and organic father, you ought to try this as quickly as a risk. you're splendid in questioning that your son's father might exchange his innovations. it could be something i might have a troublesome time signing.. a sort giving up any declare that I even have in know to a son.

Answer 10

If the birth father knows of the child's existence, than he will have to relinquish his parental rights. You will not have a legal adaption otherwise, which can and probably will cause you big time heartache in the future.