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Ok I had my son 8 years ago and the father was never in the picture and NEVER signed the birth certificate. I want my husband, who I have been with for 6 years to adopt him.How do I go about doing that? Does my sons biological father have any rights?
I went to a lawyer who got my 1st husband for non-support. They arrested him and with a criminal record he loses. He also agreed to sign adoption papers if I would drop non-support charges. I hope this helps.
My daughter was raised by my 2nd husband, and her name changed to his. She says he was more of a dad than her biological father. I was very careful to make sure her adoptive dad was going to be good, and not abusive, but loving toward her. I was fortunate, he treated her like he did our son. I also didn't bad mouth her biological father, but she does now.
You need to hire an attorney to prepare the adoption papers. That attorney will advise you on how to get the bio father to terminate his rights.
What if I don't know where he is. I haven't seen him since I told him I as pregnant almost 9 years ago.Quote:
Originally Posted by ScottGem
Your attorney will advise you what you need to do to satisfy the court that you made a good faith effort to contact him.
Thanks so much. I will look into it.Quote:
Originally Posted by ScottGem
As has been said, you will need to make an effort to contact him. The courts will tell you what papers to advertise in and for how long. If the bio father doesn't respond within the given time you will be able to go ahead with the adoption.
And no, the bio father has no rights as of right now since he is not on the birth certificate.
Good luck!
Thanks so much.Quote:
Originally Posted by macksmom
A step-parent adoption is a relatively easy procedure and is based on your state. I am from Georgia and my husband is adopting my son. Here, we have to file a boat load of paperwork, a background check on my hubby and fingerprint cards. Later, we will have to have a home study to ensure that my husband is the best possible fit. He's been around since my son was 6 months old. My son doesn't know anyone else. In most states, there is the mother's affadavit and mother's waiver. The mother's affadavit is like an application or a medical history check. You have to reveal everything about your past and the biological father. Also, although my son has been legally abandoned, we have been advised by legal counsel to at least send notification of the adoption to the bio father to eliminate any future problems. The mother's waiver is a mom's legal 'okay' for the husband to adopt the child. Once everything is filed and the home study is done, you will go before the Judge and he will make a ruling on the adoption. I always advise legal counsel, even if you go through a father's rights center. Standing as an attorney puts you in a situation of being held to attorney guidelines. Many states are very supportive on these kinds of issues but I am certain if you Google it, you will be able to find out more about the state in which you reside. GOOD LUCK!Quote:
Originally Posted by stardouillard
You will need to have an attorney run a legal notice to the bio fathers name and this needs to be done in his last known county of residence. This usually has to run for 30 days and if not answered I THINK in another 30 days, then the judge can find him in default and therefore, diminish his parental rights. Again check with an attorney.Quote:
Originally Posted by stardouillard
I understood the father did not SIGN the birth certificate, so if he is named on the birth certificate, and did not sign it, will he have rights?Quote:
Originally Posted by macksmom
Your son's biological father does have rights. In order for your husband to adopt him, you'll need the biological father's consent. If his whereabouts are unknown, you'll have to demonstrate to he court that you've made a good faith attempt to locate him.
No, the mother could put Joe Blow on the birth certificate, and if that person did not sign it acknowledging that the child was theirs, they have no rights, until they are established in court.Quote:
Originally Posted by MOWERMAN2468
Of course in some sense they have "rights"... but not legally... as of right now, from my understanding of the OP the bio father is not on the birth certificate... this would mean he has no legal rights to that child as of now, unless he acts upon his position as the father.
Be careful and seek legal advice. In some states, even if the father's name is NOT on the birth certificate, they may be on the Putative Father's Registry and if you fail to try to notify him and he IS on the registry, you can be held legally liable. Here's the thing, he MAY not show due diligence NOW, but he still has Legal right to obtaining rights to your child in the future until his rights are legally terminated.
I am so confused. Does anyone know the adoption laws for Arizona?
We've been telling you, you NEED an atty. They will know the laws in AZ.
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