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    shellybelly1's Avatar
    shellybelly1 Posts: 2, Reputation: 1
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    #1

    Jan 2, 2011, 05:41 PM
    My son is 8 how does my husband adopt him father not anywhere to be seen
    How can my husband adopt my son his real father doesn't have any thing to do with him he isn't on his bith certificate and hasn't got his name he has my maiden name
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jan 2, 2011, 05:45 PM

    Yes he can, But you have to go through the legal process. Hire an attorney to prepare an adoption petition. The attorney will tell you how to try to contact the father or show you have tried.
    shellybelly1's Avatar
    shellybelly1 Posts: 2, Reputation: 1
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    #3

    Jan 2, 2011, 05:55 PM
    How does it work if you were raped
    Adopting my son how does it work if you were raped please I live in united kingdom please I relly need some advice
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 2, 2011, 06:21 PM

    First, please don't start a new thread for the same issue. This is a law issue and was moved to this forum. Use the Answer options to add follow-up.

    Your solicitor will probably submit the police report as part of the petition. This should negate any need to contact the father.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #5

    Jan 2, 2011, 08:19 PM

    If you didn't report the rape and press charges, it didn't happen that way in the eyes of the law.

    So... did you report it? Did you press charges? If not, you have to process a step-parent adoption JUST as if it were consensual sex.

    Here's the thing: You can do an adoption without a lawyer. You can also set a bone without a doctor. I wouldn't recommend doing either one. If an adoption is not done correctly and exactly to the point of law, it CAN be overturned later.

    Get a solicitor.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 2, 2011, 08:37 PM

    Just a added note for others that may read this, In most, but not all US states, the bio father, if it was from a convicted forcible rape, they have no rights to the child.
    But would if it was a Stat rape ( merely underage consented)

    But in some states, the rapist still may have rights, and his parents ( grandparents rights ) may be enforced even if the rapist does not.

    So it is not as easy open and shut as common sense says it should be.

    This should not be ocnsidered without an attorney, esp if the bio father was a rapist, it makes the entire case more complicated.
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