There is no father on my son's birth certificate. The only man my son has ever known as his father is my spouse. My son is 2 and his biological father has not been involoved since he was conceived. What are the legal requirements for my spouse to adopt my son? Do I have to hunt down the biological father, prove it's his and then have him sign rights over? Is there a legal way to do this without involving the biological father?
2007-02-12 05:21:55 · 15 answers · asked by babyblue20212004 1 in Family & Relationships ➔ Marriage & Divorce
I live in Minnesota
2007-02-12 05:41:51 · update #1
Im in the same boat, and have been talking to lawyers..depending on your state the laws differ. In my case, I have to find this man and have him sign over rights and if I cannot find him they will put the adoption in the local paper where he lives and if he doesnt respond within a certain time then his rights just get resolved. You can say that you dont know who the father is because you were taken advantage of or something like that so you dont have to involve him. Whatever you chose though, you will need a lawyer.So call one, they usually give free consults so you can talk over your situation.
2007-02-12 05:27:40 · answer #1 · answered by cherokee 4 · 2⤊ 2⤋
I don't think so, you have to notify the biological father, or at least attempt to (and show the court you've attempted to). If you don't know where he's living, generally a notice in the local paper in the last known city he lived in will suffice. But you'll really be required to make an honest attempt to contact him, and have him legally sign over his parental rights. You need to check with a family law attorney for sure (you'll need one for the adoption anyway). Good luck.
2007-02-12 05:30:51 · answer #2 · answered by basketcase88 7 · 1⤊ 0⤋
If there is no one stated as the boy's father, then there is no claim to dispute. If there was a divorce between you and the biological father, then he would have to give up his rights as the childs' father. If there was no marriage entered into, then it should be fine for him to adopt your son. You need to contact an attorney who specializes in adoption. Thank you and good luck.
2007-02-12 05:30:48 · answer #3 · answered by cookie 6 · 0⤊ 0⤋
If your son's real father knows where you are at chances
are he knows where his son is at and to keep from hav-
ing problems later you need to take him to court and sign
the proper papers releasing the son so that he can be
adopted by your present spouse, then it becomes easy
as you have the right paperwork needed for your spouse
to adopt the son.
2007-02-12 15:21:45 · answer #4 · answered by RudiA 6 · 0⤊ 0⤋
I would find the biological father and make him sign his rights over.
His name is not on the birth certificate, so you wouldnt need his permission to adopt. BUT if he came forward later he could cause you some major problems, even getting the adoption annulled.
2007-02-12 05:27:08 · answer #5 · answered by Kutekymmee 6 · 1⤊ 1⤋
Lets see...
Unconditional love for the child. and uhhh....hmmmm.....
Wow, that and a lawyer should be all that matters.
In reality, it's probably going to take some form of legal documentation from the other genetic donor (Father and Dad in my opinion are titles that are earned, not given) relinquishing his paternal rights to the child. Even if he's not been a part of the childs life so far.
I wish you all the luck in the world.
2007-02-12 05:31:21 · answer #6 · answered by genetic_traitor 2 · 0⤊ 0⤋
Since you have not listed the childs father on the birth certificate, you do not have to do anything but file the adoption papers. If you tell the court that you do not know the name of the father, you don't have to notify anyone for this matter.
2007-02-12 05:29:31 · answer #7 · answered by notfreeinnh 3 · 0⤊ 2⤋
seek for an criminal expert. Is there a father listed on the start certificates? Your son would desire to be conventional via assumption and as long via fact the organic and organic father's call isn't on the start certificates then there is no choose for anthing else. My father replace into by no potential accompanied, yet he has by no potential familiar his organic and organic call - he has continually long previous via his "Dad's" call. you need to have it legally replaced for social risk-free practices purposes, which will or won't be any greater much less costly than adoption. criminal suggestions would be my suggestion.
2016-11-03 06:13:00 · answer #8 · answered by ? 4 · 0⤊ 0⤋
No. Unless you can prove that the father is dead, you have to track him down and have him legally give up his parental rights
2007-02-12 05:36:02 · answer #9 · answered by Anonymous · 0⤊ 0⤋
go to your child support agency. they will attempt to find him. if they do not find him, the adaption will be granted if the new guy is a good parent, has a job, etc. if they find the biological father and he refuses to have the test or appear in court, they may terminate his rights.
2007-02-12 05:29:47 · answer #10 · answered by sinned 7 · 0⤊ 1⤋