Hi, I need some advice. Here is the Situation
When I met my wife she was already pregnant ( yes I knew about it before hand), and we both know the father of the child. I have been there since before day 1 and am her father. I want to make it official. The biological father is not on the Birth Certificate and he is OK with me adopting the baby. Is there anything special I need to do?

Yes.

You need to get a lawyer, and go to court to file adoption papers. Part of that process will be getting the biological father to relinquish his parental rights.

The PROBLEM here is that it's more complicated by the fact that you will have to have him prove paternity (in the eyes of the court) before he can relinquish. Contrary to public belief, NOT having the biological father on the birth certificate just makes it HARDER in the end.

So... get a lawyer for starters, and figure out what you need to do to get his rights relinquished so that you can adopt.

Please pay more attention to posting guidelines. There is a Read First sticky in the Adoption forum (where this was moved from) that directs questions of a legal nature to this forum.

An adoption is a legal process. An adoption petition is best handled by a Family Law attorney whyo wilol know how to prepare all the paperwork, including the relinquishment of rioghts by the bio father.

Synnen and ScottGemm are correct, but since you posted on this forum my guess is that you desire guidance. Be aware, however, that most lawyers will offer a short consultation without charge; it doesn't hurt to ask for one.

What Synnen says is a problem is not necessarily a big problem. Chances are that testimony by the mother and putative father can constitute the required proof.

You are in a good position, relatively. You know who the father is and how he can be contacted. In many jurisdictions the court supplies the forms for adoptions: check and see if you can get one for paternal consent and get him to sign it. He may be required to attend the hearing and reiterate his consent; or it is possible that he can waive his attendance on the form.

In this forum it is always a good idea to tell us what state you are in; the laws vary to some degree from state to state.

To AK:
Note, this was moved from the Children forum.

Adoption can be a tricky thing. I would not recommend trying it as a D-I-Y.

Scott: Since it was originally posted in another forum, the theory is that OP has more money than he knows what to do with? Possible I guess.

So, sure. As I said before, you and Synnen gave good advice. Hire a lawyer if you can. But just don't loose the bio-dad's contact info. In the mean time.

I have a question or 2.

1) What state is this in ?

2) were you married to the mother at the time of the child's birth ?

Answering those 2 can drastically change any answers given. If you were married at the time of birth then you already ARE the presumed father and legal father of the child. Also depending on the state you live in there may or may not be rights to challenge that. I didn't see that info in your Original Posting.

Quote:

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Originally Posted by califdadof3

I have a question or 2.

1) What state is this in ?

2) were you married to the mother at the time of the childs birth ?

Answering those 2 can drastically change any answers given. If you were married at the time of birth then you already ARE the presumed father and legal father of the child. Also depending on the state you live in there may or may not be rights to challenge that. I didnt see that info in your Original Posting.

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Good point. He says bio-dad wasn't on the birth certificate and so I guess we all assumed only the mom is on it. But yes, if they were married at the time of the birth, the OP should be on the BC and the presumption that the mom's husband (at the time of birth) is the father usually applies.