I have a 14 month old daughter who was born 6 weeks premature. I was married at the time she was conceived and born to my ex who I couldn't find to get a divorce.I finally found out where he was working and had papers served there. We got divorced in jan 08. I got marriednin march 08. He has not seen nor made any attempts to or even call. Also his name is not on the birth certificate. Does he have any rights to her and can my husband adopt her or put his name on her birth cert? He also told me he couldn't have kids and he had surgery done. He is remarried and has a 3 month old son and told her the same. Can't he get in trouble for telling people that

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Originally Posted by rbp0308

I have a 14 month old daughter who was born 6 weeks premature. i was married at the time she was conceived and born to my ex who i couldnt find to get a divorce.i finally found out where he was working and had papers served there. we got divorced in jan 08. i got marriednin march 08. he has not seen nor made any attempts to or even call. also his name is not on the birth certificate. does he have any rights to her and can my husband adopt her or put his name on her birth cert? he also told me he couldnt have kids and he had surgery done. he is remarried and has a 3 month old son and told her the same. can't he get in trouble for telling people that

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If you go to the search feature next to the AMHD logo you will find hundreds of posts on this same subject.

In general, no, you cannot deprive a father of his rights. Is your ex-husband the father - I can't quite tell. In, I think, most States the husband is presumed to be the father and, therefore, must sign over his rights (basically) and allow the child to be adopted.

What State are you in? If you don't do this exactly according to Law you could have problems in the future.

No, he can't get "in trouble" with anyone for telling his second wife that he can't have children and then having a child. If she wants to divorce him on some sort of fraud theory, she can always try but I don't really see how that enters into your situation. As far as you and your child - lying (unfortunately) in this situation is not a criminal offense.

Have you filed against him for support? He may very well be happy to surrender his rights and allow the child to be adopted if he can get out from under child support payments.