2007-05-22 12:03:18 · 16 answers · asked by Leyla G 1 in Pregnancy & Parenting ➔ Adoption
Yes he can, start by going to your local family court
2007-05-22 12:05:56 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Depends on if you have acknowldged the biological father as the father and he knows about the child. I had my son in 1986, his dad was not on the birth certificate and my son had my last (we were not married) name. I met my now husband when my son was 3, about 5 years later my husband wanted to adopt my son. We thought we'd have no problem since I never received child support, he had my last name, etc.. so when we went to see the lawyer for the adoption process, he informed us that the biological father had to agree to the adoption and sign a release of rights to the child since he was acknowledged as the father. He signed him over with no problem, after our lawyer threatened him with about 9 years of back child support if he didn't. The best thing to do is to seek legal advice, I live in TX and it might be different where you are. Good luck!
2007-05-22 20:31:56 · answer #2 · answered by Darla E 3 · 0⤊ 0⤋
Well I dont know about the States but in Canada if there is no father listed on the birth certificate then there is no father to contest anything. Best place to start would be to contact a local family law clinic ( they are usually free).
2007-05-22 12:10:14 · answer #3 · answered by candy_stik79 2 · 1⤊ 0⤋
Yes, but if you know who the father is, you have to provide a name in order for the court to get his permission to rescind parental rights. Doesn't matter if his name is not on the birth certificate. Courts are getting more savvy about the lies told by mothers who actually hide their children so they don't have to deal with the father. Anna Nicole Smith certainly helped with that.
I have to add that threatening a father with back child support unless he signs is blackmail and illegal. He can come back with a suit about coercion and not only win, but get custody of the child due to the lawyer's illegal practice. Rescinding of parental rights should be VOLUNTARY or you do no service to the child.
2007-05-23 04:08:34 · answer #4 · answered by TotalRecipeHound 7 · 0⤊ 0⤋
I am assuming that the biological father has to give up his parental rights even though he is not on the birth certificate. I don't see how the adoption could occur without him doing this.
Good Luck!!!
2007-05-22 12:09:58 · answer #5 · answered by Docslady01 2 · 3⤊ 0⤋
Yes your husband can adopt the child....However I strongly advise the wto of you think about this and be sure that both of you understand the financial obligations should you seperate. I had a really good friend of mine get married the husband adopted the child and then he dumpted her and was still financialy responsible for the child but never saw him leaving the child more or less fatherless and miserable...It is something to really ponder but if thres no question in both of your minds have him adopt your child! :)
2007-05-22 12:09:19 · answer #6 · answered by Candy O 3 · 2⤊ 0⤋
well i had the same exact situation my son was 15 months old when i married my hubby but we just went to the vital statistics office (or where ever you get a copy of a birth certificate in your area) I told them hey this is my childs father we just got back together and i want to put him on the birth certificate they had us sign some papers asked me if i wanted to change the babys last name i said yes i signed more papers paid $50 processing fees ect. 6 wks later i got his birth certificate in the mail and presto my hubby was my baby daddy no lawyers or court or hassles
2007-05-22 13:31:10 · answer #7 · answered by Brutal 2 · 0⤊ 1⤋
just go to the court house and sign papers because the father is not on the birth certificate it is faster than if he is.
2007-05-23 14:50:06 · answer #8 · answered by acceptancewithjoy20 2 · 0⤊ 0⤋
yeah you can have him adopt the baby but youll have to first have to get an attorney your attorney will then notify the biofather and he can either agree to let your husband adopt or he can not agree either way youll end up in court you just need to contact a lawyer here(arkansas) it cost 600 dollers as long as they dont contest it if they start contesting it then it goes up...goodluck to you
2007-05-22 12:06:53 · answer #9 · answered by cutenwild1769 5 · 0⤊ 0⤋
There is a fee to pay and some documents to sign to make it legal, but sure it can be done. You would have to research your local laws for the fees that apply.
2007-05-22 12:06:30 · answer #10 · answered by Anonymous · 1⤊ 0⤋