my husband and i have been together since my daughter was 6 mnths old he has always loved her as his own and her first word was dad we got married and changed my daughters last name to his. We now want to know how he can offically adopt her there is no fathers name on the birth certificate and he wants nothing to do with her. If anyone has any suggestion that would be a big help
thanks
2007-03-24 02:15:55 · 8 answers · asked by Anonymous in Pregnancy & Parenting ➔ Parenting
Assuming there is no father named on the BC or in any state records you may not have to get the bio father to terminate his rights its a probate court issue, dont bother with the town hall they will just send you to an attorney, call the probate judge in your town they will usually give you the correct answer over the phone for free
2007-03-24 02:46:39 · answer #1 · answered by Anonymous · 0⤊ 0⤋
There are two ways of doing this. One is kind of a round about way on the system and they other is the "officially legal" way.
The round about way- depending on what your state calls it, your husband and you can obtain and complete a paternity affidavit. A paternity affidavit is basically a form signed by your husband or/and you that names him as the father and is submitted to the Vital Records department. It will also change your daughter's sir name (last name) to his. It will go on record that you are claiming he is the father of your daughter and he is agreeing that he is the father.
Keep in mind doing things this way may open up a whole can of worms especially if you have previously filed for Food Stamps or Financial aid from your state. Also, have you ever had contact or received child support from your daughter's biological father? That could be another big issue.
The legal way - Hire an attorney that specializes in Family Law. He will advise you of your state's procedures. The basics of it will be, completing the petition for adoption, positing in new papers of the adoption and/or sending certified letter of notification to the biological father of the adoption, allowing time, usually 90 days but that is dependent on the state laws, for the biological father to respond or dispute the adoption, filing in court for a court date to have the adoption proceeding, and appearing in court for the adoption proceedings. If your daughter is above a certain age, most states it's 14 and above, she can also petition the court for the adoption to go through no matter what the biological father might say.
Hope I have helped.
2007-03-24 04:58:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The child's biological father will need to formally relinquish his parental rights. Social services should have a form for this and may be able to facilitate the adoption. If not, an attorney can handle the adoption as well as contacting your daughter's father. If you want to avoid the expense go to a law library and look for CLE (Continuing Legal Education) materials on how to do an adoption. The materials must be specific to your state.
The local bar association usually has a library, or the nearest law school. State courthouses often have public libraries as well.
2007-03-24 02:32:37 · answer #3 · answered by Millie M 3 · 0⤊ 0⤋
I went through this same thing but I adopted my then husband's son. First we had to have a long, drawn out court process of terminating the biological mother's rights (they gave her every opportunity in the world to change her ways, but thankfully she didn't)........then after the rights are terminated, you will have to go to an adoption lawyer and go through another process (not nearly as long) so that he can adopt your daughter. good luck and hang in there! It's all worth it in the end!
2007-03-24 03:05:38 · answer #4 · answered by spelling nazi 5 · 0⤊ 0⤋
You know I went though the regular steps of adopting and oh my god, I found out how hard it is and how expensive. It depends on where you want to adopt but there are so many poor countries who cannot take care of their children. I've been to one and they practically hand you their kids from the window of the bus. They just want a better life for their kids and it's so sad. I plan to go back and adopt one sometime but I'm too young for it and not quite at the financial status I want to have kids.
2007-03-24 02:54:57 · answer #5 · answered by PuzzledGuy 3 · 0⤊ 1⤋
My father did the same thing with my brother before I was born. Go to your town hall and they will be able to tell you. (try going on their website, maybe they have a number you can call them at and ask.) Hope this help! (ps, what a wonderful man you must have. not all men have that kind of love in them, I always had the greatest respect for my dad and how much he loved my brother just the same. good for him... and you!)
2007-03-24 02:23:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
In the UK you would go to your local social services first and see someone there, they would help you with the first process and then you would need to go and see someone at your local magistrates court and they will amke and appointment to help you fill out the forms etc. i think it would then go to court but it may not as you are married etc.
Good luck, I'm going through the same thing at the mo!
2007-03-24 02:23:12 · answer #7 · answered by angelcakes 5 · 0⤊ 0⤋
You need to talk to a lawyer. The birth father still has to sign his parental rights away.
2007-03-24 03:08:19 · answer #8 · answered by KathyS 7 · 0⤊ 0⤋