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No father listed on birth certificate how can husband adopt

Asked Aug 21, 2006, 10:41 AM — 15 Answers
I live in KS. I don't know who my baby's biological father is, how can my husband adopt? There is no fater listed on the birth certificate. And what if someone later in life were to question if they were the father what would happen then?

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ScottGem's Avatar
ScottGem Posts: 58,091, Reputation: 28135
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#2

Aug 21, 2006, 12:14 PM


Having no father listed on the birth certificate shouldn't stop an adoption in this case, since you as biological mother, retains custody.

If the biological father were to show up, he could still claim parental rights.
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ScottGem's Avatar
ScottGem Posts: 58,091, Reputation: 28135
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#3

Aug 22, 2006, 05:32 AM


You probably cannot stop the biological father from exercising some parental rights if he wants them. Unless he can be proven to be an unfit father, he does have rights. Even more so if he pays child support.

He could stop the adoption if he learns about it.
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s_cianci's Avatar
s_cianci Posts: 5,481, Reputation: 4046
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#4

Aug 29, 2006, 06:58 PM
Is this a natural-born child? If so, then you must have some idea as to who the father is. Contact all potential "candidates" and see if they'll submit to DNA tests. Once you've determined who the father is, you can get his consent (if he's willing to give it) for your husband to adopt the child. On the other hand, if this is an adopted child then the father must have already given consent for you to adopt, in which case getting your husband to adopt would be nothing more than filing the necessary paperwork. However, if you keep the father's status unknown, then there is not much chance that any judge would approve an adoption unless there is overwhelming evidence that the father has fled or is deceased.
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KISSROMEO2's Avatar
KISSROMEO2 Posts: 35, Reputation: -1
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#5

Dec 1, 2006, 11:44 AM
Quote:
Originally Posted by s_cianci
Is this a natural-born child? If so, then you must have some idea as to who the father is. Contact all potential "candidates" and see if they'll submit to DNA tests. Once you've determined who the father is, you can get his consent (if he's willing to give it) for your husband to adopt the child. On the other hand, if this is an adopted child then the father must have already given consent for you to adopt, in which case getting your husband to adopt would be nothing more than filing the necessary paperwork. However, if you keep the father's status unknown, then there is not much chance that any judge would approve an adoption unless there is overwhelming evidence that the father has fled or is deceased.
Same kind of question: What would be the point of bringing it to the attention of the biological father that their child is ready to be adopted by another daddy? Personally, my child's father wants a DNA test and then if he knew I was going to have my fianc? Adopt her, he would never sign over but guarenteed wouldn't see her.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#6

Dec 1, 2006, 05:54 PM


The fact no father is listed on the birth certificate just means you did not list someone. There has to be a father somewhere and you should have some idea within a few men who it is.

So normally they will want dna tests and having the proper person notified if possible.

If not, even if the court allowed the adoption, the actual father can come into the picture years latter and contest the adoption.

There have been cases where the mother lied,a and said she did not know where the father was, and they did the posting in the news papers to "notify the father) but it was latter proved the mother lied, and the adoption was overturned since it was based on a fraud.

Many fathers don't know, they are the father, so they have no chance to act, others just don't, but in any case, to adopt the child, it can not happen unless there has been proper notification.

Remember a mother and father have equal "legal" rights, esp if there is no child custody agreement, so a father can come and get their son as easy as the mother can, ( something women often forget )
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KISSROMEO2's Avatar
KISSROMEO2 Posts: 35, Reputation: -1
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#7

Dec 4, 2006, 08:16 AM
On the same token, Fr_Chuck, if someone contested, was found to be the father, pays child support, but did not ask for visitation - they have to go back through the courts to get visitation, correct? My eldest daughter's father lives in Maryland, pays over $700 a month, yet never met her and denies her although a paternity test proves he is her father. He can't just "show up" and try to take her, can he?
Also, technically, I thought that if there is no father's name on the birth certificate, no man can just "show up" and take the child, unless a paternity test was established to prove he is the father and follow through with child support if desired.
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ScottGem's Avatar
ScottGem Posts: 58,091, Reputation: 28135
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#8

Dec 4, 2006, 08:33 AM
Quote:
Originally Posted by KISSROMEO2
He can't just "show up" and try to take her, can he?
Also, technically, I thought that if there is no father's name on the birth certificate, no man can just "show up" and take the child, unless a paternity test was established to prove he is the father and follow through with child support if desired.
No he can't just "take her", that would be kidnapping. You have legal custody at this point. What he CAN do is file for visitation and/or custody. Whether that will be granted or not depends on several factors.

Also, no one can show up and take a child from the custodial parent. Whether they are on the birth certificate or not. That would also be kidnapping. They would, again, have to file for custody. If they are not listed on the because, then they would have to submit proof of parentage.
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KISSROMEO2's Avatar
KISSROMEO2 Posts: 35, Reputation: -1
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#9

Dec 4, 2006, 08:43 AM
Quote:
Originally Posted by ScottGem
No he can't just "take her", that would be kidnapping. You have legal custody at this point. What he CAN do is file for visitation and/or custody. Whether that will be granted or not depends on several factors.

Also, no one can show up and take a child from the custodial parent. Whether they are on the birth certificate or not. That would also be kidnapping. They would, again, have to file for custody. If they are not listed on the because, then they would have to submit proof of parentage.
Point Taken.
So, question being, if no father is listed on the because, why is it that the biological father is required to show to relinquish his parenting rights and therefore allowing someone else to adopt the child? If no name is on the birth certificate, then why does it matter? Like you said above, it is kidnapping if someone who isn't on the birth certificate, so why would it matter whether that damn person is there or not?
I know it's true, it just pi$$es me off. I have a feeling if I want my fianc? To adopt my daughter, who does not know her sperm donor at all and I do not receive child support from, he will show up and say he does not want her to be adopted.
Then what?
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ScottGem's Avatar
ScottGem Posts: 58,091, Reputation: 28135
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#10

Dec 4, 2006, 08:50 AM
Quote:
Originally Posted by KISSROMEO2
So, question being, if no father is listed on the because, why is it that the biological father is required to show to relinquish his parenting rights and therefore allowing someone else to adopt the child? If no name is on the birth certificate, then why does it matter?
Because the biological parent has rights. The bio parent can voluntarily relinquish those rights, but they can't be taken away without their permission. So, even if only one parent is listed on the because, there is still (obviously) two parents (except in a case of artificial insemination). If the other parent was not made aware of the child and later finds out about it, they have parental rights.

Even if a step parent adopts the child, if the biologocal parent shows up the adoption can be overturned.
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