My brother fathered a child ten years ago... but he was never listed as the father on the child's birth certificate... from what I was told... the child was adopted @ three months old... by the child's mothers boyfriend... My brotoher was never contacted... regarding giving up parental rights... What are his rights if any... My brother is from NY and the child's mother may live in Florida or NY... Does he have any legal rights to this child?

If he can prove through D.N.A. testing that he is the father,yes,he has rights.

A boyfriend can not adopt a child. The couple must be married.

I allegedly fathered a child 8 years ago. Since then I have never had any type of communication with the child’s mother. I don’t know if I was listed as the child’s father? But I was told that the young lady got married and the child was adopted at 3 months old by her husband in Florida. Is this legal? Can someone just adopt a child without the other parent giving up their parental rights? I don’t want to disrupt this child’s normalcy, but then again what are my rights if any?

Both the previous answers are generally true but not 100% accurate.

If the child is more than 10 years old, it may be too late to exercise rights. If someone acknowledged paternity and was proclaimed the legal father or has acted as the legal father for a period, then even if proven to not be the bio father they may maintain the status of legal father.

Finally, you are going by hearsay. Someone told you something and what they told you may not be accurate. Since your brother was not listed on the birth certifcate, the "boy friend" may not have adopted (probably didn't) but rather signed an acknowledgement of paternity. Since you brother never challenged that, the boyfriend has become the, de-facto, legal father.

Before your bother does anything here he needs to obtain the actual facts. He may not even be the bio father. And also, before, he does anything, he needs to think about what he would be doing to the child and the family. Finally, he also needs to think how he is going to explain waiting 10 years to do anything.

Personally, I vote to leave this alone.

While most states require a couple to be married to adopt, not all do.

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Originally Posted by Bigblue05

I allegedly fathered a child 8 years ago. Since then I have never had any type of communication with the child’s mother. I don’t know if I was listed as the child’s father? But I was told that the young lady got married and the child was adopted at 3 months old by her husband in Florida. Is this legal? Can someone just adopt a child without the other parent giving up their parental rights? I don’t want to disrupt this child’s normalcy, but then again what are my rights if any?

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You are your sister need to compare notes. Its obvious this is the same situation so I've merged the two threads.