Can my husband legally adopt my children if their father is not listed on their birth certificate (paternity was established in order to get Medicaid for them at one time)? He has not been a part of their life in years and is very behind on child support. He has never made an attempt to file for visitation rights or anything.

I live in Ohio by the way.

Yes he can, but leaving him off the birth certificate may have made the process harder. If paternity has been legally established (as it appears it has) then it should not be an issue.

But the courts will still require that, at least an attempt be made to, contact the father to get his assent to the adoption. If there is no father on the birth certificate, then all potential fathers would have been needed to be contacted. So if paternity was legally established that would not be necessary.

Given the circumstances, if the father refuses to allow the adoption, the courts may overrule his objection.

I suggest you contact an attorney (I would not recommend doing an adoption without one) who can advise what needs to be done to petition the courts.

It will have to go though court and the bio father notified and hopefully give his permission. ( it is much easier and cheaper if the bio father will sign off on it)