Can my husband adopt my 4 year old son?

Question

My son's biological father has never claimed paternity, therefore he doesn't have any legal rights to my son. I have however let him have visitation rights. Now he wants to claim paternity and get on the birth certificate. Is there anyway that my husband can adopt my son before his birth father has a chance to claim paternity? Oh btw we live in the state of Alabama but we lived in California when my son was born...I don't know if that makes any difference.

Answer 1

Your husband's status doesn't change the paternity.  Your son's biological father will always be the biological father whether your husband adopts him or not.

Answer 2

YES

Answer 3

By letting him have visitation you have acknowledged that he is your sons father. Trying to go around him and have your husband adopt is not going to work. Bio father can protest and have it overturned. He can also make you pay for the court costs if you deliberately try to rush it thru knowing that the bio father is trying to claim paternity. You may not like it but he is your sons daddy and if he wants to be part of his sons life you should let him. (unless he is violent or destructive or whatever)

Answer 4

Sadly I don't think so. I think that now that his bio father is back in the picture the only way your husband can adopt is if the bio signs his rights over.

Why not let the bio dad be in his life?? Even if it's 4 years later. Better late than never I guess...

My son turns 10 tomorrow and he has no father named on his birth certificate and has never heard happy birthday from his bio father. Your son is lucky to have 2 men in his life that want to be his father. Do what is right for your boy.

Good Luck and God Bless

Answer 5

Yes, he can since he has not claimed paternity.  Contact an adoption attorney and they can help you take the next step.

Answer 6

Perhaps you need to seek legal advise from an attorney especializing in family matters and adoptions.

Answer 7

just bc he didn't claim paternity does NOT mean he has no rights!

he MUST sign off, and legally, you MUST tell him before your other man can adopt him!!!!!

Answer 8

Even if your new husband wants to adopt your son, he still will have to have the father sign the right documents to do  so. Or if you go to court and his real father doesn't show up, the judge will grant the decision to let him be adopted. Papers has to be sent to the natural father for adoption to take place. If he fights it, the judge will deny the adoption. I know because I have already been down that road. Good luck

Answer 9

well has the biological father been seeing his son throughout his life? Because he is is father whether you are together or not and if he genuinly wants to be closer to your son then i think he has a right to. But if he is in it for the money or whatever then is there a way to simply not let him go through with it? And does your husband actually want to claim paternaty because thats a big thing to put on your child especially if he still sees his actual father. Maybe leaving things as they are is the best option?

Answer 10

go and file papers with the family court. as fast as you can.

Answer 11

yes he can

Answer 12

that can happen. so take action in an early stage. talk to a lawyer. they will do it in court. then if the biological father complains..you have the adoption papers..you have the right..you're the natural mother.

Answer 13

Talk to a lawyer first.

I would think that if the biological father's name was never on the birth  cert. there should not be much of a issue in that dept.

Now all that needs to be done is getting your husband able to "jump through their hoops" so he can be "approved as an adoptive parent

If it were me I would wonder what angle the EX is working.

All of a sudden he want to be a "big happy family"  I doubt it, I Ber he has nose trouble and wants to see what he can get out of the deal.

I would keep his name off it.

ANOTHER THOUGHT: JUST A THOUGHT:

Tell Mr. Biological that if he is TRUELY in love with and wants a "renewed" relationship he would have to step up like all good fathers do.

Fro starters: He'll have to pay ALL prenatal doctor visits., Pay ALL OBGYN visits., Pay All Hospital Visits., Pay Food, building, and utilities. Pay all school and after school activities., Pay for all clothing, special needs, AND any other bill that comes to mind......

I would say all these bills must be paid in FULL and made with cash!

If the slim chance arises and all this gets done I Would still never put his name on the Cert.

Good Luck.

Answer 14

as long as the biological father wants to be a father and won't sign off rights, theres nothing you can do.. you give him visitation rights my question to you is - is he paying child support?? if not don't allow him to see his child.. I know thats cruel for the child but..... also just out of curiosity who does the child call daddy the bio. or the step??

Answer 15

i think he can if your ex did never claim him

Answer 16

Wow! Two of these posts in one afternoon! Some thoughts:

1.) Not claiming paternity DOES NOT invalidate your ex's legal rights. It might make them harder to enforce but it does not eliminate them either.

2.) I am a little put off at, " I have however let him have visitation rights." How nice of you to LET him visit HIS son!

(Yes, he should have stepped up and taken responsibility at your son's birth but if he has been visiting his child willfully but he HAS made at least some attempt to be involved in his child's life. He must care SOME and you have acknowledged that in your question. Why have you not persued child support but have "allowed" visitation? Does he provide ANY financial support, call, bring gifts, buy supplies?)

3.) Is your child's father in Alabma or in California? Did you take the child from Cali to Alabama without his consent (thus diminishing his opportunities to see and support your child)?

4.) Why, now that he wishes to "legitimize" his paternal rights, do you feel the need permamently sever your son's ties to his father? Extended family? Biological history? Inheritance rights? Social Security Benefits?

5.) "Is there anyway that my husband can adopt my son before his birth father has a chance to claim paternity?" - Would you repeat this in front of your son? Would you want your grandchild's mother to do this about your son? Would you want your mother to have done this to your father?

6.) "I have allowed him to visit with my son because I felt that it was the right thing to do." - So now is suddenly making him "disappear" for your son "feels like the right thing to do"? How do you plan to explain this to your son?

7.) What is wrong with being a stepfather?!

8.) Last names can always be hyphenated if you are concerned about everyone "matching".

9.) If you do this, what is so wrong about doing it HONESTLY & ETHICALLY. I mean really...

10.) This should be about your SON. What will he want? What is best for him? Ask a few adoptees how they feel...

Sorry to sound harsh, but this kind of question always bothers me, I am tired of fathers being treated like dirt. And not to be totally offensive,as I'm sure I've offended already, but your wording and implied intentions sound sneaky to me.

Read this post for some other answers to a similar question:

http://answers.yahoo.com/question/index;...

I sincerely hope everthing works out in a way that is agreeable to all of you...

ETA: So let me get this straight; this man molested you (raped - if you want to be technical), you never reported it/pressed charges or whatever, and not only allowed this man to have visitation with your child but actually followed him to another state because he threatened to KIDNAP your son?! Where were your parents? You are what 19, 20? How did he get you out of CA as a minor or did you make the choice to move as an adult? Why haven't you taken this man to court? Gotten a restraining order? Have you gotten counseling? Are you not worried about the safety of OTHER children?

So many more questions I have now!

BTW: I will NOT apologize for standing up for people's rights. Go back and read your original question and details and tell where I'm wrong in thinking you sound as though you want to trample someone's parental rights!

As far as who I think is the biggest victim here, I have to go with your son. Like I said before, I hope you can find a solution that is about HIM.

Answer 17

Yes if his father agrees

Answer 18

yes, but unless you didn't give the child his father's last name or didn't declare him as the father, you will have to have the father's approval for the adoption.  If he is listed as father, he has to sign to let your spouse adopt the child.