My husband whats to aopt my son, what can we do??

Question

okay i had a baby with a man that used to be my friend. he wanted my son to have his last name. so we had him put on the birth certificate. now i am married to a great man who loves my son. he wants to adopt him. the bio-father does not pay child support, and is now claiming he is not the father. what do we need to do to get this taken care of?? my husband and the bio-father have the same last name, but how do i change the birth certificate???

Answer 1

I've actually been in a similar situation.  Because the bio is denying your son, you need to get paternity test done to prove he is.  Then get a lawyer.  The lawyer will help you terminate the bio's parental rights and then a step parent adoption can take place.  In all, it took my husband and me about six months to complete this process.  Good luck!

Answer 2

You can not change the BC.... You can have the person on the BC sign away his parental rights and have your husband file for adoption....    Since there is no change of name for your son the process will be simple if all parties agree....  Most states do have a waiting period incase someone changes their mind..

Answer 3

Depends on what state you are in. If you are in Texas then you would need the bio father to relinquish his rights in order for you to be able to let your husband adopt.

Now, If the bio father has not paid any child support in over a year, has not wanted to see the child (knowing how to contact him and where he is) and is now claiming that he is not the father the process should be easy. You are going to need to find a good family law attorney and share the situation with him. Let him know that you want to terminate the rights of the bio father and that he doesn't want any thing to do with the child and has not paid child support for more than a year. He will lead you through the rest of the legal process.

You may want to ask the bio father if he will voluntarily agree to termination of his right. If he is still stuck on the child not being his then you will need to go to court and have a paternity test done and prove that he is and then ask his to terminate his right and he will be set free of any financial obligation.

Answer 4

If I were you, I'd contact a lawyer.  It's likely that for a very reasonable fee, you'll be able to get it taken care of.  They may require a paternity test to get it all done, but how wonderful that your dh wants to adopt your son!  It's even cool that they share the same last name.

Answer 5

I pretty much had the same situation, my husband legally adopted my son when he was 1 year old. It actually wasent that hard, you do have to have an attorney though, the attorney will just contact the bio father and ask him to sign a paper giving permission for the adoption, after that is done you just wait on your court date and its very easy, it took like a total of 3 months from the time we got the attorney and the day it was all final, if the bio father refuses to come in and sign the paper you can take him to court requesting it and as long as he doesnt see the child or pay child suppost you will probably get your way, it just adds one more step to the process. Good Luck

Answer 6

The bio father needs to sign over his parental rights.

Look into getting a Family Law lawyer or you can call the Clerk of Court and see what info they can give you.

My husband is adopting my children and we went to the Clerk of court and got the paper work but it was too confusing and if you miss a question or answer it wrong then you have to start all over. So we just hired  a lawyer and it cost us right at 2000.00 and let him do all the work.

My children will take over my husband name by the end of this month.

The lawyer will ask for the birth cert and they will get all that changed for you. Our lawyer has my children birth cert.

Good Luck

Answer 7

You'll have to see if the biological father will allow your hubby to adopt your son, contact a lawyer and have them check it out or if you are on good terms with the man call and ask him.  Has he been supporting the child and been a part of his life?