Question:

Notarized document legally binding?

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i want to formally adopt my wife's child. We have a notarized document that the bio father signed relinquishing his parental rights and also allowing me to adopt the child. Both he and my wife signed this. We not want to start the adoption but they said we need to send him papers for him to sign stating that he gives up his parental rights. My question is, if we already have the document notarized do we have to do this and is our document binding by law. Sorry its so long. Any info would help, thanks for your advice.

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4 ANSWERS


  1. Unfortunately, the answer isn't as simple as you'd like it to be. Every state has its own state laws and if the biological father is in another state, you will be dealing with at least 2 states' laws. I would get legal aid and you can ask about Free Legal Aid in your area. Probaby under "Social Services."


  2. You have to have COURT documents signed.  Just signing a piece of paper is not legally binding.

    Go to court, get a lawyer.

  3. You can only relinquish your parental rights in court, not by signed contract.  

  4. If the document does not contain the wording required by the laws where you live, it will not be binding.

    Who is "they" that said you need to said more papers?  If it was a lawyer you hired, then listen to them.

    If you haven't hired a lawyer, better get one to do this right.

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