There was a possibility of two men being my child's father. One guy has been here since day 1 and at the time of birth, he signed the b.c. Me and the other guy took a test and he's the father. Do he has to sign over his rights so that the other guy can adopt or because his name is already on the b.c, we don't have to do anything?

First ANY question on law needs to include your general locale as laws vary by area.

If the non father acknowledged paternity legally then he is the legal father. If the bio father wants to challenge this he will probably be able to. If he wants to let things alone then you don't have to do anything. But you should tell the other guy. Because if he finds out there could be bigger trouble.

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Originally Posted by quintinav

There was a possibility of two men being my childs father. One guy has been here since day 1 and at the time of birth, he signed the b.c. Me and the other guy took a test and he's the father. Do he has to sign over his rights so that the other guy can adopt or because his name is already on the b.c, we dnt have to do anything?

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You have confused me.

There are two guys.

• You, and
• The other guy.

Which of you was there since "day one" and signed the BC?
Which of you passed the test (is the bio-dad)?

If that guy is the same person, he is the father. If the other one wants to become the father he would have to adopt.

The person who signs permission to adopt (and I don't know where you are so I am addressing NY) states that he IS the biological father. The question isn't "whose name is on the bc?" The question is, "Are you the biological father?"

The bio dad needs to sign for the adoption to take place.

Otherwise - what?

I believe that what the OP is saying is the biological father is not the legal father. In that venue was the DNA test done? (Court Ordered, Private, Home text in a box?) In any case, you need to inform the other man involved, and the three of you can discuss what needs to happen from this point on. The man who signed the birth certificate is the legal father, but depending on where you are, the biological father can petition for paternity testing later. (How long depends on the state. You could hide it and hope that the bio dad never opens his mouth, but that axe will always be hanging over you.

If you want to tie everything up correctly, and legally, you need to have court ordered testing done, have the correct man named the legal father, and then have the original legal father adopt. Furthermore, if this man is not your husband, you need to marry him if you plan for him to adopt. You need a stepparent for a stepparent adoption, and many states require that you be married for at least a year.