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i.mart.guerr · May 6, 2012, 12:18 PM

My husbnd had an affair last year... he reently got a call from a adoption attorney that the child has been placed for adoption. The child is out of state and he was told he may not be the father. I do not understand why the adoption agencie will not do a DNA test to find out for sure. We do not know where to start. We live in tesxa the baby is in virginia. We talked to lawyers they say we need to hire an attorney from that state. Is that true.

ScottGem · May 6, 2012, 12:20 PM

What does the adoption agency want? What do you need an attorney for?

i.mart.guerr · May 6, 2012, 12:25 PM

Adoption agency said they need to notify him beuz he may be the father. But don't understand y she won't do a DNA the lawyer said they do not need his consent even if he is the father. Baby was taken for drug addiction from the birth

Fr_Chuck · May 6, 2012, 12:26 PM

There is nothing for you to do, if the adoption agency does not want you to do something ?

Are you going to try and claim custody of the child ?

I would expect that to be adopted there has to be a search for the bio father and they will want him to sign over his rights as such.

i.mart.guerr · May 6, 2012, 12:28 PM

We want to know if he is the father. How do we get a DNA ordered by the court

i.mart.guerr · May 6, 2012, 12:30 PM

Exactly what they asked of him, to give up rights. But how can they do that, not knowing if he is the father.

i.mart.guerr · May 6, 2012, 12:34 PM

If he is the father, yes we do want to fight for her. It is not the child's fault, we don't want to have her adopted.

ScottGem · May 6, 2012, 12:40 PM

Originally Posted by i.mart.guerr

Exactly what they asked of him, to give up rights. But how can they do that, not knowing if he is the father.

The court should require that the father be located and give his consent. That makes sense. So does informing him. But saying they do not need his consent makes no sense. Why bother contacting him in the first place?

My question is does he want to allow the adoption? If he does, then he informs the agency that if they don't need his consent then don't bother him. But that he will not sign anything without a paternity test proving he is the father. If they want his consent then let them prove he's the father.

If the child is his and you both want to raise the child, then that is a different story. He will have to file a formal objection to the adoption and a request for custody on the basis that a paternity test be done proving him the father.