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    xfairytalexlvex's Avatar
    xfairytalexlvex Posts: 1, Reputation: 1
    New Member
     
    #1

    Dec 9, 2010, 07:55 PM
    HELP!!
    So here's my situation...
    I'm due to have a baby any day now & I don't plan on putting the biological father on the birth certificate. Well, I'm in a relationship with a woman now & she's wanting to adopt my son when he's born & I'm not quite sure how to go about it because I don't know if the father still has to sign over his rights or not. Someone please help me...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Dec 10, 2010, 05:03 AM

    For an adoption to take place both parents have to agree to it. Doesn't matter whether you add the father to the birth certificate or not.

    In your situation you absolutely NEED an attorney. The law in your area may not allow a step parent adoption in a same sex relationship. Its possible the only way for this woman to adopt is if BOTH parents relinquish their rights and this woman becomes the sole parent.

    So start shopping around for an attorney now.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
    Expert
     
    #3

    Dec 10, 2010, 10:17 AM

    Many states will not allow an adoption to happen without marriage.

    If you aren't MARRIED to your partner, or if gay marriage is not possible in your state, odds are she can't adopt.

    And as Scott said--you need him to sign off on the adoption whether you put him on the birth certificate. And frankly, the only thing NOT putting him on the birth certificate will do is deny your child his rightful ancestry in a legal way.

    And seriously--you've been in a relationship with this woman for less than a year. Don't you think it's in your child's best interests to WAIT, and make sure she's going to stick around? Adoption is FOREVER. You don't get to change your mind and back out of it if you break up.

    Get an attorney, because I'm not sure you really know what you want from this situation, nor do I think you understand all of the legal ramifications of adoption.

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