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-   -   Husband wants to adopt wife's son. Father is not on birth (https://www.askmehelpdesk.com/showthread.php?t=329720)

  • Mar 15, 2009, 07:30 PM
    carebaers
    Husband wants to adopt wife's son. Father is not on birth
    My daughter is married to a man that would like to adopt her son. The real father is not on the birth certificate and says that he is not the father of this child and never has had a contact with her son. What can be done to get this adoption on the way?
  • Mar 16, 2009, 04:45 AM
    stevetcg

    What he says is irrelevant. Paternity is going to have to be established through the court system and then the birth father is going to have to relinquish legal rights as part of the adoption process.

    Basically your daughter and her husband are going to need to get a lawyer and start the process. The first thing that will happen is that the birth father will be ordered to take a DNA test and paternity will be established. An adoption cannot occur without both parent's consent.
  • Mar 16, 2009, 04:48 AM
    Fr_Chuck

    Since after the birth, there was no order of custody requireing a DNA test, Now before the adoption, you will have to prove he is the father in court, though DNA and get him to sign over his rights to allow the adoption.

    The fact he is not listed or has not been previously proven the father makes it harder since that has to be done first now

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