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

    Oct 25, 2006, 05:25 PM
    Massachusetts adoption
    My son was born in mqassachusets, and I just married in Texas. My husband wants to adopt my son, my son's father is not on his birth cirtificate, so how so how do I go about this?
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #2

    Dec 23, 2010, 05:04 AM

    If you currently live in Texas, then Texas law should control. If there is no father listed on the birth certificate, then it rests with you to name the presumed biological father. What I mean by that is in an adoption proceeding they notify the biological father/father of record (from BC) so he can advocate for his parental rights. If the father can not be notified or is not notified then the judge will (after publication in the newspaper) likely terminate his rights. Then the new husband is free to adopt.

    That being said, I caution you against willfuly failing to identify the true father (I am not saying you would, just warning) it could have significant legal implications in the future and would be perjury.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Dec 23, 2010, 09:21 AM
    Quote Originally Posted by adthern View Post
    If you currently live in Texas, then Texas law should control. If there is no father listed on the birth certificate, then it rests with you to name the presumed biological father. What I mean by that is in an adoption proceeding they notify the biological father/father of record (from BC) so he can advocate for his parental rights. If the father can not be notified or is not notified then the judge will (after publication in the newspaper) likely terminate his rights. Then the new husband is free to adopt.

    That being said, I caution you against willfuly failing to identify the true father (I am not saying you would, just warning) it could have significant legal implications in the future and would be perjury.
    This thread is from 2006. The poster has not returned since then. Please try to pay more attention to the dates.
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #4

    Dec 23, 2010, 01:59 PM
    Quote Originally Posted by this8384 View Post
    This thread is from 2006. The poster has not returned since then. Please try to pay more attention to the dates.
    I saw that, but I had seen similar questions and thought it might be nice to have an answer in the database for people who might have similar questions. Is that against the rules/poor etiquette here? IF so, My apologies.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Dec 23, 2010, 02:36 PM
    Quote Originally Posted by adthern View Post
    I saw that, but I had seen similar questions and thought it might be nice to have an answer in the database for people who might have similar questions. Is that against the rules/poor etiquette here? IF so, My appologies.
    You can't give "similar" answers when this question is state-specific. Massachusetts and Texas do not have the same laws as other states.

    It's not recommended to "revive" old threads because it brings it to the top of the forum.
    adthern's Avatar
    adthern Posts: 282, Reputation: 28
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    #6

    Dec 26, 2010, 03:26 AM

    I will try and avoid it in the future, however, the filling out of birth certificates is, I believe, the same (mother's primary responsibility in all jurisdictions in the U.S.). I did make it clear that that jurisdiction was to be taken into consideration.

    But thanks for the heads up.
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