My husband and I have been together for 10 years and married for 3 years. We have a 5 year old daughter. He was determind not be her biological father, but is own her birth certificate and has raised her. The biological father was a one night stand and after 5 years he has agreed to terminate rights after paternity is established so that my husband can adopt. I need some advice on how to get this started in the state of Mississippi. The biological father has never been established paternity(he was aware at the time the possibility of him being the father). I know he is the father. We have remained on great terms, and feel like it is in the best interests of the child to allow my husband to adopt. Please help.

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Originally Posted by whitneyneal85

My husband and I have been together for 10 years and married for 3 years. We have a 5 year old daughter. He was determind not be her biological father, but is own her birth certificate and has raised her. The biological father was a one night stand and after 5 years he has agreed to terminate rights after paternity is established so that my husband can adopt. I need some advice on how to get this started in the state of Mississippi. The biological father has never been established paternity(he was aware at the time the possiblity of him being the father). I know he is the father. We have remained on great terms, and feel like it is in the best interests of the child to allow my husband to adopt. Please help.

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I would not attempt an adoption without an Attorney. This is one matter which you simply cannot afford, financially or emotionally, to not comply with the law.

If the father is willing to sign his consent it should be a very smooth, easy process.

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Originally Posted by JudyKayTee

I would not attempt an adoption without an Attorney. This is one matter which you simply cannot afford, financially or emotionally, to not comply with the law.

If the father is willing to sign his consent it should be a very smooth, easy process.

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The father (assumed biological) is wanting to comply with the law we are wanting to know the steps such as... establish paternity first... terminate rights... allow husband to adopt. We are ready for this in every way trust me. Thanks for your input.

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Originally Posted by whitneyneal85

The father (assumed biological) is wanting to comply with the law we are wanting to know the steps such as....establish paternity first...terminate rights....allow husband to adopt. We are ready for this in every way trust me. thanks for your input.

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Now I'm confused - you said "He was determind not be her biological father ... The biological father was a one night stand ..." How did you make this determination? You have no proof that he is not the biological father and the one-night stand is the father? The only proof is DNA, and that is performed and submitted to the Court with the surrender affidavit for the adoption. It's one procedure - adoption and termination. The bio father doesn't have his rights terminated and then the adoption takes place. The Courts, in general, will not allow rights to be terminated until/unless someone is standing there to adopt.

If there hasn't been a legal determination, then DNA would be done (obviously) by a Court-recognized lab wherever the father is and of your child, also by a Court-recognized lab, and the results submitted to the Court.

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Originally Posted by whitneyneal85

The father (assumed biological) is wanting to comply with the law we are wanting to know the steps such as....establish paternity first...terminate rights....allow husband to adopt. We are ready for this in every way trust me. thanks for your input.

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No. You are unready for this in at least one way: you do not know how to do it. That is why you would need an attorney who is capable of figuring out the exact process.

Sorry for your confusion. 6 years ago I had a one night stand with a man and got pregnant in the mean time I was still with my boyfriend(who is now my husband). My husband is not the biological father of my child, but is on the birth certificate. We had DNA testing to prove that. Now 5 years has gone by and my husband wants to adopt my child. The one night stand man knows of this and we have contacted. He is willing to go through a DNA testing to prove paternity and sign his parental rights away so my husband can adopt. We are wanting to know what is the process?

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Originally Posted by whitneyneal85

sorry for your confusion. ... we are wanting to know what is the process??

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No confusion. Your previous posts were clear.

The process will depend upon the adoption laws (statutory) of Mississippi. In general, you will file a petition with the court. Proper notice will need to be given to the biological father. He can be asked to sign a document consenting to "termination of parental rights" and to the adoption. All required steps must be complied with, a hearing will probably be held, and the judge would then sign the judgment or decree approving the adoption. At this point it will also be ordered that the birth certificate be changed showing your husband as the father.

That's the process in general. As we have indicated, however, you really need an attorney licensed in the State of Misissippi to guide you through all of this.

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Originally Posted by whitneyneal85

My husband is not the biological father of my child, but is on the birth certificate. ?

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If your husband is on the birth certificate, he is already the legal father.

No adoption needs to take place.

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Originally Posted by Synnen

If your husband is on the birth certificate, he is already the legal father.

No adoption needs to take place.

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Exactly. Since your husband would have had to sign an Affidavit of Paternity prior to having his name on the birth certificate, he is considered the legal father.

While you may have committed a fraud by having your then boyfriend sign the BC and acknowledge paternity, its basically a moot point. Your husband is the legal father since he is on the birth certificate. Going for an adoption would just muddy the waters.

What were the circumstances that you obtained DNA results? Was the test court ordered?