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breeanngardiner · Sep 25, 2011, 10:45 AM

Long story short, I got pregnant by a man I wasn't in a relationship with. I met my husband in early pregnancy and we got married. He's taken my daughter in as his own for the last 2.5 years. Her biological father wants nothing to do with her.

In the state of California, if you're married, the husbands name has to be on the birth certificate, so that's what we did.

I am wondering if it would be necessary to have the bio father sign over his rights to myself and my husband, so we can go through with a formal adoption. Or, does he already have no rights since he's not on the birth certificate? I'm just worried that he'll be able to step in, in the future, with a dna test.

Input and advice would be appreciated.

tickle · Sep 25, 2011, 11:37 AM

The child's bio father has to sign over his rights, that is a fact, if your present husband wants to adopt your child. So you will have to find him, contact him to initiate this process. Hire a lawyer to know your proper rights.
Tick

Fr_Chuck · Sep 25, 2011, 12:32 PM

Humm, We have a California law expert, but I though that you either listed the real father or no father. Since it would be a fraud on a government document to list someone as the father , that is not the father.

If the boyfriend is listed on the birth certificate, even by fraud, he is the legal father at this point and time, The bio father would have to file in court for rights,

Legally the husband needs to adopt, and the bio father will need to sign his rights away to allow the adoption

cdad · Sep 25, 2011, 03:07 PM

Originally Posted by breeanngardiner

Long story short, I got pregnant by a man I wasn't in a relationship with. I met my husband in early pregnancy and we got married. He's taken my daughter in as his own for the last 2.5 years. Her biological father wants nothing to do with her.

In the state of California, if you're married, the husbands name has to be on the birth certificate, so that's what we did.

I am wondering if it would be necessary to have the bio father sign over his rights to myself and my husband, so we can go through with a formal adoption. Or, does he already have no rights since he's not on the birth certificate? I'm just worried that he'll be able to step in, in the future, with a dna test.

Input and advice would be appreciated.

You don't need an adoption at this point as your stating your husband is the one on the birth certificate. It sounded like you were stating that you were married before the child's birth? If so then your husband is the legal father at this point until challenged.

ScottGem · Sep 25, 2011, 03:36 PM

Originally Posted by tickle

The child's bio father has to sign over his rights, that is a fact, if your present husband wants to adopt your child. So you will have to find him, contact him to initiate this process. Hire a lawyer to know your proper rights.
tick

Sorry tick, but you are wrong here. Under CA Law (California State Paternity Laws | DNA Testing for Paternity, Maternity, Sibling and Immigration)

Since the OP was married at the time of birth, the husband is the presumed father. Unless the bio father moves to challenge paternity within 2 years, then the husband remains the legal father.

So breen, since your child is over 2, your husband is her legal father and no adoption is necessary.