Adopotion?

Question

does anyone have experiencing adopting their partners child? my son has brought up his girlfriends daughter since she was a baby and both him and his girlfriend want it to become legal. his girlfriend knows who the childs father is but has he has no contact with the child. Moraly he should be asked about giving up his child for adoption, but he is not named on the birth-certificate. does he have any rights legally?

Answer 1

I think he may.  You should contact a lawyer versed in adoptions and ask him/her.  I remember a heart-breaking incident that happened in my hometown where a woman had given her child up for adoption and the people had the child for 2 or 3 years and then the father came back into the picture, asserted his parental rights and took the child back.  The adoptive parents were heartbroken and the child traumatized.  I would hate to see that happen to anyone.

Answer 2

I'm afraid I don't know....so my answer is a poor one.  Just thought I'd say good luck to your son & his girlfriend and hope it turns out well for all concerned.

Answer 3

Your son's GF also doesn't want to commit purjury by swearing under oath she doesn't know who the father is when she does...that could just be a mess all around if it was discovered.

As for the bio father, even if he isn't named on the BC, even if he has nothing to do with the child, he can decide later to assert his rights, get a court ordered DNA test, start paying child support etc. Some states have no statute of limitations regarding paternity. Far better to get his consent to the adoption and relinquish his rights than to have him come into the picture years later demanding a DNA test and visitation rights.

If he doesn't care, he should have no problem doing this. If he responds that he wants to assert his rights that means paying child support so he might not want to do that. If he denies paternity and your son's girlfriend doesn't go forth with a paternity suit, then he is assumed to have waived his rights. If he can't be located or doesn't respond to good faith efforts at contact, the judge can then terminate his rights due to abandonment or just refuse to name him as father in the first place.

Seems to me hiring an attorney and have the lawyer try to contact him is the best overall, IMO.

Answer 4

that's very good of your son,i like that,but i suggest you get the consent of the biological father in writing so he won't come back later to claim his fatherly rights when your son,his gf and baby are happy together one day.

But you can contact a solicitor to word the agreement before the bioligical father signs it.

Answer 5

Ask Citizens Advice Bureau or speak to the Adoptions Officer at your local Social Services.

I am pretty certain that if the putative father isn't named on the Birth Registration then he has no legal claim on the child.

As you say, if he can be approached amicably, it might be a nice gesture to let him know, but if there has been no contact I guess that would prove no interest.

Answer 6

Josie has it right.  The biological father can come back into the child's life at anytime.   As a matter of fact, you should expect the child when she is old enough to begin her own search for her biological father no matter how well she's been treated by her rearing parents.  So, tell your son's girlfriend to contact the biological father, get his DNA for future health reasons, tell him about his daughter (whom he may not be aware of at this time), and get his permission to give up his parental rights.  Just because he was not named on the birth certificate makes no difference on his support obligations, or his genetic history.  He is still the biological father and will always be the child's genetic father.  Check a couple of links which may help:  http://donorsiblingresgistry.com   and http://bastardnation.org  who opposes closed adoptions.  They may have advice and links to help your question.

Answer 7

There is no name on the birth records he has no say until he forces a DNA test, If he wants to do this then he will be forced to pay support and all past child support due, I am betting he is not willing to be a part of the child's life. It is not the most moral solution but I would simply do a name change and call it a day. Good Luck and God bless the guy who steps up when he doesn't have to.

Answer 8

It depends on the state you live in.  Some states have putative father registries that unless the father signed the registry he has no parental rights to the child.  However, the state may require evidence that there was a diligent search for the father.  While I commend your son for stepping up and doing the right thing, I personally feel that it is morally wrong not to inform the father of a potential adoption.

Answer 9

It is illegal for your son to adopt under these circumstances, and for his gf to claim she does not know who the child's father is!

So, is this how they want to parent this child?  His bio parentage is what it is!  You cannot change THAT.

But what CAN be changed is -- who is DADDY!

If your son wants to be that, nothing will stop him, and the little boy will know without a doubt who loves him and who his Daddy is!  That's what love, time, energy and presence does!

Answer 10

to be honest i dont no either but i would try getting in contact with ur citizens advice center they would be the best people to ask as they would deal with these problems day 2 day! i hope it all works out for your son and his family good luck to them!!!

Answer 11

I do not know anything legally, but I really hope he can adopt the child. Good luck to you all.