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My husband would like to adopt my daughter. The biological father of my child is not in my life or her life in any manner. He is unaware that he is the father of a daughter. I made my choice when I found out I was pregnant not to involve the biological father AT ALL. He is not on the birth certificate and her last name is mine.
Can my husband adopt my daughter without the signiture from the biological?
No. The courts will require that the bio father be identified and assent to the adoption before they will approve it.
Thank you. That won't happen so we may be out of luck on this one. I appreciate your answer
I suggest you double check this with a local attorney, but I'm pretty sure that will be the answer.
Depending on the jurisdiction, it might be possible. Check with an attorney.Quote:
Originally Posted by cteterebags
Do you have proof of this other then the threat factor ? If the OP has never told this man he has a child then he may not want to give up rights and wish to establish his parentage. The courts would defend that.Quote:
Originally Posted by AK lawyer
I agree with AK lawyer.
At least in 25 states if the BF has never shown an interest he should not be noticed about any adoption proceeding.
If a man does not register with the Putative Father Registry before the child's birth or no later than 30 days after the child's birth, the child could be permanently adopted without the putative father's knowledge or consent.
It depends on which state has jurisdiction and how old the child is.
I understand the Putative Father Registry, but what, as is with the OP, if the mother deliberately kept the information from the father?Quote:
Originally Posted by GV70
I believe the laws allowing an adoption to occur without the permission of the bio father exist for situations where the father has disappeared or is simply trying to block the adoption out of spite. I don't believe the intent of those laws is to deny the bio father his rights, but rather to prevent the disappearance of the father or his refusal to allow the child to have a father to block the adoption. So I believe courts, even in those states mentioned, will still ask for the bio father's permission, but may not insist on it depending on local laws. That's why I advised checking with a local lawyer.
Quote:
Originally Posted by cteterebags
I'm going to have to disagree with myself here.Quote:
Originally Posted by califdadof3
Somehow I missed the clear message that OP deliberately withheld from the father the fact that he is a father. :o
If she now wishes to have her husband adopt the child, she is going to have to come clean and let the biological father know. Then, if he refuses to give permission, the courts might dispense with his permission.
Having a lawyer is always a good idea.Quote:
Originally Posted by ScottGem
Scott,
I have never been a supporter of the American family law.There are many bizare and even pervert legislations and court decisions in the USA nowadays.Legal does not mean fair or moral or correct.DOT. It is not so related to the correct thinking , etc.
Four years without contact and $10,000 behind child support is not a ground for stepparent adoption/source-the Supreme Court of Wioming/.Giving a birth to a child whose father is not the husband is not an act of adultery/ source-NYS Appelate Court/ and so on…
The law is designated with a set purpose-to uphold the social policies.
Many codes and articles were passed following some disgusting court decisions.For example Tn has changed its law since an insane decision of judge Riley Anderson but it only created a new absurdity-there is no protection for the families,the presumption of marriage means nothing but the Acknowledgment of paternity to children born out of wedlock is unrebutable presumption.Little logic there…but that’s the law.
I tink you remember “Baby Richard” FindLaw | Cases and Codes
And “ Baby Jessica” cases.After those cases some of the legislators and policy makers realized that the system was broken.It was possible BF to step on the picture at any time.As professor Elman observed,”…the results of such a system may be the unintended disruption of a stable adoptive family…. One consequence is that biological fathers who have had no relationship with their children may gain custody of them, even when it means breaking up a children’s long time relationship with the adoptive family,with the adoptive mothers and fathers who has lived as the children’s parents and to whom the children may be very attached.”
“PLAY STRAIGHT AWAY OR NEVER PLAY”-this is the main social policy.
Firstly it was manifested when the statutes of limitations with regard to paternity issues were created and passed by different legislations.
Secondly it resulted in PFR.
According to The Evan B. Donaldson Adoption Institute there were 127,000 kids available for adoption in 1999.
ADOPTION INSTITUTE: FOSTER CARE FACTS
I believe their number is even bigger now.
You may understand that no one will be willing to adopt a child who is “LEGALLY AT RISK”./and the children avaiable for adoption with “father-unknown” are about one third of the whole number…/No one needs of “Baby Richard”reiteration.
Illinois- Ch. 750 § 50/12.1
Except as provided in Ch. 750, § 50/8(b) of (c), a putative father who fails to register with the Putative Father Registry is barred from thereafter bringing or maintaining any action to assert any interest in the child,
Except as provided in Ch. 750, § 50/8(b) or (c), failure to timely register with the Putative Father Registry shall:
• Be deemed to be a waiver and surrender of any right to notice of any hearing in any judicial proceeding for the adoption of the child, and the consent or surrender of that person to the adoption of the child is not required
• Constitute an abandonment of the child and shall be prima facie evidence of sufficient grounds to support termination of such father’s parental rights
Montana-§§ 42-2-202; 42-2-203; 42-2-204
A person who engages in sexual relations with a member of the opposite sex is presumed to know that a pregnancy could result.
Florida- § 63.054
In order to preserve the right to notice and consent to an adoption under this chapter, an unmarried biological father must, as the ‘’registrant,’’ file a notarized claim of paternity form with the Florida Putative Father Registry.
And so on….
As I said it depends on where they live.Quote:
Originally Posted by AK lawyer
If they live in a state where PFR is established she needs only to show that no one has been registered.This is the correct legal answer notwithstanding whether this is correct thinking or not.
That's the law.
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