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sydrynyasmom · Oct 24, 2011, 11:59 PM

When I had my daughter my fiancŽe at the time signed her birth certificate and gave her his last name and all.. Turns out that she is not biologically his. He had a DNA test done through the court/District atty and there is paperwork filed stating that he is not he biological father and relinquishing him of any legal obligation to my daughter. The birth certificate has never been changed nor her last name because he is still an active part of her life and we did get back together, she is 8yrs old now. Her biological father however has never met her, he knows of her and knows that she is his nad calls from time to time, my question is do I still need to get parental rights terminated from her biological father or does my fiancŽe need to adopt her to make it legal? Her biological father is willing to sign over rights... Can you please help?

ScottGem · Oct 25, 2011, 03:18 AM

Yes, since your fiancée legally got his rights terminated, your daughter has no legal father. Therefore he will have to adopt to become her legal father.

Since the bio father will agree, this should be a simple process. But first you will need to be married, then have an attorney prepare the adoption petition.

sydrynyasmom · Oct 27, 2011, 08:49 PM

Okay so what if we don't get married? Can he still sign his rights over? Her bio dad wants too.. he pretty much has abandoned her since birth.. can I file abandonment papers then?

ScottGem · Oct 28, 2011, 03:07 AM

No and no. There is this myth that a parent can just sign over their rights any time they want. But its just a myth. ONLY a court can terminate rights and courts are very reluctant to do so.

Plus, as I understand it, the child has no legal father at this point. So he has no rights unless he goes to court to enforce them. On the reverse, for your fiancée to adopt, the court will require that the bio father be identified and that his rights will be terminated. But the court will not entertain an adoption petition unless you have been married for, at least, a year.

And there is no such thing as "file abandonment papers". Abandonment may be used as grounds to file for something else like custody or visitation. But you can't just file for abandonment. And since the child has no legal father there is no issue of abandonment.

There are a couple of stickies at the top of this forum that discuss relinquishing rights and abandonment. I suggest reading them.