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    missi1705's Avatar
    missi1705 Posts: 1, Reputation: 1
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    #1

    Aug 9, 2009, 03:33 PM
    Husband adopting step son
    I was reading another lady's question about her husband adopting his non biological son. My question is very similar, however, my question is... the biological father was never there, NEVER signed the birth certificate, and my son has MY maiden name, and I have NO idea where this guy is to even have him sign the papers if there were any for him to sign. How does he have rights if he never was there for anything? And what can I do to get this done?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Aug 9, 2009, 04:03 PM

    Yeah - he sure does. This actually makes it harder since you will have to serve him via publication (expensive).

    Have a lawyer draw up the motion. Your lawyer will be able to tell you the details of your court district's requirement of service.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 9, 2009, 04:34 PM

    He has rights because of biology. Before an adoption can be processed the court needs to be sure the bio father does not want to be a parent. Therefore, the courts will want every attempt to be made to contact the father. That's why you need an attorney to make sure that every attempt needs to be made to get his paermission.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 9, 2009, 04:38 PM

    Yes it would be a lot easier if you knew where he was, but now you will have to do a search according to the court rules. If not found, use of publication for notification, which can at times cost in the 1000's.

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