can my husband adopt our daughter if her "bio dad" never signed over his rights?

Question

he left when she was 2 months old and now she is 4, he hasn't seen or contacted me about her at all and he knows where i am.
My husband has been raising her since she was 1 and we are wanting him to adopt her, i didn't know if i would have to contact her "bio dad" or if there was someway around that since he abandoned her so long ago?
I know i will have to go through a lawyer but just wanting a heads up for what is in store.
thanks!

Answer 1

Well, you specifically don't have to contact him, however, when your husband files a petition to adopt her, your attorney will have to notify the dad either directly or by publication. I recently adopted my husband's daughter from a previous relationship. She hadn't seen the daughter in over three years, and can you believe that she contested the adoption at first? She eventually signed a consent, and everything worked out, but you never know. Best case, he will sign a consent and that's all there is to it! Good Luck!

Answer 2

The bio-dad has to sign...... no matter what. Even if he had been around, been abusive, done drugs and gone to jail all that would happen would that you get full and total custody with no contact. You cannot force someone to ultimately give up all rights.

Say it went to court. "He knows where you are" but though you are not sure where he is or he has made no effort. It would be a he said-she said thing. Really. So you manage to get this through somehow. 10 years from now and he needs money and is feeling a bit more fatherly........ you and your husband are open to charges and anything you did would be voided. He might even get custody and you have to pay HIM. The court will regardless rule that a child has a right to see his child no matter what.

Child support? Well if you have not filed for it he has not been served he owes nothing up to now. You may wish to file for full custody and sue for child support before you do anything else. It is money that could help your child (even if some) later.

As another said though if you just wish to start completely fresh and say the heck w. all of that....... have your lawyer contact him (doing so yourself could raise complications but depending, you could) and say he can pay 30% of his paycheck or just sign the papers. He may just be willing to be done with it.

Answer 3

Nope, just because the dad never signed anything nor has been in her life, doesn't mean he doesn't have rights.
You want a life of headaches, pain, and lots of money paid out? Go ahead and do what you're thinking. If and when the real dad finds out he could drag you, the child, and the step-dad thru the courts for years.
Do it right, get a lawyer, lay out the facts, have the courts rule that the dad has no more rights, then do the adoption.
Your heading for a miserable life for all concerned if you do this the way you are thinking.

Answer 4

Laws in each vary some, but I can't imagine a scenario where someone would be allowed to legally adopt the child of a living parent without his consent.

Your daughter is 4. She sees your husband as her father and can recognize no legal paperwork. What's the rush? Any action like that should be done for the welfare of the child. Is there some compelling reason to pursue adoption?

Answer 5

In order for your current husband to adopt this child Bio Dad must consent. You will need to contact him on the matter.

Answer 6

I'm thinking if his name is on the birth certificate then you will have to go through legal steps to rectify or change it. I wonder why the bastard has not had to pay any child support for these past couple of years. That's what you could use in your own corner, either he signs off all rights or you take him for child support and they will go back to when he left the home.Sounds like you found yourself a good man, I hope it works out for you.Good luck.

Answer 7

It really depends on if their is abandonment laws for your state. Some states have them and some do not. If there is a law in your state and you can prove no contact for the required period of time then yes, if not he will have to be contacted and informed of the adoption thus giving him a chance to fight it.

Answer 8

There are ways to go about having her bio dad's rights forcefully terminated. Other than that, get a lawyer. Good luck.

Answer 9

I think you need to see a local lawyer on this. Generally, I think that the bio dad has parental rights until terminated. He can probably relinquish his parental rights through a judicial proceeding.

Answer 10

Therre are two issues here.

First, has he paid child support?

Second, regardless of whether he will be required to sign over his rights or have the court terminate them, he is required to be notified of the pending adoption by law.