View Full Version : Adoption without the real father
JENN29
Apr 24, 2008, 03:30 PM
Could my future husband adopt my son without us contacting the real father? The real father has never attempted to have any rights with his son which is a year old now
startover22
Apr 24, 2008, 03:38 PM
No the answer is no. Sorry...
thegandyman
Apr 24, 2008, 03:40 PM
You won't need the paternal father to be involved if he is actually astranged. I pesonally thing it's in everyone's best interest politically if you at least mention it to him. If he's never been too concearned, He probably won't care, if he does care about the kid then He'll be glad someone's willing to take care of the little boy. I really don't understand what difference it makes, There need be no legal adoption, if you get married, your Husband will become a legal guardian anyway regardless of adoption and it's just needless expense to go to the trouble of adoption. As a step father, he will be legal custodian if anything happens to you unless the paternal father steps up, which by the sounds of it won't happen.
Personally I wouldn't worry about the adoption, you can change the kid's name if you want without having to go through the whole adoption thing.
Just seems senseless to me, sorry.
startover22
Apr 24, 2008, 03:45 PM
Jenn, just my opinion, but your child deserves every chance with his "real" father. Just because another man is willing to take good care of you both, doesn't mean the child should never be able to see the dad again.
And, gandyman, it COULD make a world of difference in a child's life to have his real parents care for him. How do we know that he is a dead beat dad? We don't, all we know is that she wants her new honey to adopt her baby.
Jenn, I wish the best for you and your son!:)
cdad
Apr 24, 2008, 03:48 PM
If you want an adoption to take place you must notify the father or make a attempt enough to show the courts you tried to contact him in some way. And no getting married doesn't grant automatic rights to your husband over the child.
Fr_Chuck
Apr 24, 2008, 05:25 PM
In the US, the bio father has to be contacted for an adoption if you are aware of where he is. If you don't know a good faith search is required.
macksmom
Apr 26, 2008, 04:38 AM
You will have to get consent from the biological father. My daughters father had not seen her in 4 years and I still had to get his consent for my husband to adopt her. And although you don't need your husband to adopt to change the child's last name... you still need the bio fathers consent. Same situation applies if something were to happen to you... your child wouldn't automatically be awarded to your husband... the bio father has his rights.
You must be careful and go about this all the RIGHT way. If you try to lie and get the adoption done without the consent of the father... he could possibly challenge it later.