If my boyfriend isn't the biological father of my baby, how could I make him legally the father?

Question

My boyfriend is the sweetest. He has been there for me ever since my fiance left me after we found out i was pregnant. My boyfriend was there for the birth and him growing up. Now we are planning on taking the next step in our lives. He has been nothing but a father to my son. How are some ways that I could make him the legal father of my baby?

If we get married, would that make him the legal father?

Answer 1

no, if you get married that would make him the childs step father. the only way is for your boyfriend to adopt the child

Answer 2

NO it won't make him the legal father, you have to go to court.  The biological father must sign over the rights.  

Answer 3

This is going to depend on the laws in your state, but:

No, marrying him will not make him the legal father. This is pretty much the way in ALL states.

Most states will require you to try and contact the birth father and have him relinquish his paternal rights to allow for a step-parent adoption. However, most states will not terminate a father's rights without there being someone who is ready to take on that role; someone who you would probably need to be married to.

In some states it's easier to get parental rights terminated. In my case, all it took to have my ex-husband's rights terminated was to hire a lawyer who would then run an add in the paper and petition the court. My ex-husband didn't care; this was evidenced by him acknowledging the action but not showing up in court.

Good luck!

Answer 4

Marriage alone won't make him the legal father, but it's a step you have to take in order for your boyfriend to adopt your son.  Also, is the biological father named on the birth certificate?  If so, you'll need to get his permission and/or have his rights terminated before your husband can adopt.  Good luck.

Answer 5

when you guys get married have him adopt your son and that would be the only legal way to make him his father

Answer 6

You can't make him the father, legally or not. Unless you go back in time and his biological father does not have s*x with you and your boyfriend does instead, he will not ever be the father of your child. Even if you COULD do that he would not have the same genetics and would not be the same child...simple biology...

He can possibly "adopt" your son if his biological father has nothing to do with him and willingly turns over his paternal rights.

Answer 7

He will have to legally adopt him.  Just marrying him doesn't make him the legal father.

Answer 8

If the biological father has had nothing to do with your child ever, and he is not on the birth certificate, it should be easy.  

Your boyfriend can sign an "Affidavit of Paternity" which states that HE is the father of your child and the courts will issue a new birth certificate with your boyfriends name as the father.  This can only be done if the original birth certificate has no father listed.  Contact Vital Statistics in your area and ask how to have your boyfriend sign an Affidavit of Paternity and be put on the birth certificate.

This affidavit states that he is claiming to be the father of your baby and that he wishes to be out on the birth certificate.

Answer 9

Well first off, someone suggested just saying he was the father if no one is listed on the birth certificate....that is fraud.  Do not attempt this.

My husband adopted my children, so I can tell you how this worked for us.  We live in Arkansas, keep in mind each state has some different guidelines, so you will need an attorney to advise you.

For us, we had to be married for a year first.  Then, we contacted an attorney who filed the proper paperwork with the court.  We were responsible to make sure that the birth father was notified, and he had 90 days to either sign the papers to consent, or protest with the court.  When he did neither of those things, the court proceeded without him.  You have to make the good faith effort to find him though, and in each state meeting "good faith" requirements are different.  In some states, it is just a matter of running an ad in the paper, in others, you would be required to hire a private investigator to try to find him.  

For us, the process was fairly straightforward, and it cost us about $1300.  Obviously, if the birth father contests, or you have to hire a detective, costs can be higher.  Call a family law attorney and they will give you a free consultation to let you know how the process works in your state.

Answer 10

No that wouldnt make him the legal father. My sister has a different dad than I and my dad became her dad by adopting my sister. You need the biological father to sign over his rights to your new boyfriend and then everything will be legit

Answer 11

adoption but i am afraid that would take the consent of the real father

Answer 12

He would need to legally adopt him.  This won't be a problem if the bio father doesn't object.  

Answer 13

Marriage will not make him the legal father.  You will need to hire an attorney and go through formal adoption processes.