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    anonomousmom's Avatar
    anonomousmom Posts: 2, Reputation: 1
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    #1

    Jun 23, 2011, 12:51 AM
    Can I put my husband on my child's birth certificate in replacement of his father
    My sons father was never there so is it possible to switch and put my husband for his father?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 23, 2011, 03:43 AM

    Yes, if you go to court and file for a step parent adoption. But that is the ONLY way. An adoption will require that you obtain the bio father's permission or make a good faith effort to get it.

    Contact a local Family Law attorney to prepare the petition.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #3

    Jun 23, 2011, 07:51 AM

    And please let me reiterate this: You NEED the biological father's permission, or if you cannot locate him, you must attempt to contact him regarding your husband adopting your child. There are LAWS on what constitutes a good faith effort.

    I'd get a lawyer to do this, honestly. If you don't do everything exactly according to the law in an adoption, it's grounds for overturning the adoption at a later date.
    ANAIRB's Avatar
    ANAIRB Posts: 8, Reputation: 0
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    #4

    Jun 26, 2011, 11:11 PM
    I would say definitely no. not without your son's birth father signing off on all of his parental rights to the child. Only after then I would think that it would be legal for your current husband to start adoption procedures. I'm still not exactly sure just what the guidelines are though for any changes to the birth certificate information though.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 27, 2011, 03:25 AM
    Quote Originally Posted by ANAIRB View Post
    i would say definitely no. not without your son's birth father signing off on all of his parental rights to the child. only after then i would think that it would be legal for your current husband to start adoption procedures. i'm still not exactly sure just what the guidelines are though for any changes to the birth certificate information though.
    Its nice that you want to help, but this is a question on law. Questions in this forum need to be answered with regard to actual statutes. Not just what you think. In fact, getting the bio father to agree to sign over rights is PART of the process. Unless there is an adoption petition under consideration the courts will not grant the TPR, so it has to be done together, not separately.

    Also, birth certificate are legal documents and changes have to be done through a court. So your answer here was incorrect. We pride ourselves on the accuracy of the advice given here, so please be more careful when responding to questions, especially in the legal forums.
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