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mommysteph247 · Dec 27, 2008, 12:38 PM

My son is 2 years old and the father has never been in the picture. When I had to try to file for child support (for food stamps, they require you too.) they could not even find him, so how would we be able to do this. I have heard that he would have to sign over his rights, but if we can not find him, how do we do that? He is not on the birth cirtificate or had any contact with my son. There has been not parternity test, so would I be able to just say that my husband is his father and came forward to sign and change his last name? Please help us! We are so confused!

Synnen · Dec 28, 2008, 10:18 AM

1. The bio father NEEDS To be attempted to be located to sign over his parental rights for your husband to adopt.

2. That STATE should be looking for the bio-father to reimburse them if you are on public assistance.

3. You need a lawyer to walk you through how to start an adoption in motion when the bio-father is not easily located.

Even if you DO find him, if he refuses to voluntarily relinquish, you are going to need a lawyer to push the issue.

You absolutely can NOT have your husband sign the birth certificate and call it a day. Completely illegal, and NOT in the child's best interests.

Fr_Chuck · Dec 28, 2008, 02:08 PM

No, the new man can not just sign, that is fraud and illegal and the adoption would not be legal or valid if the bio father latter showed up and contested it.

There will be rules on how to attempt to find him, you will follow those, do legal posting according to court rules and the adoption can continue if you can not find him.