I have a three-year-old, her biological father and I have not been together since finding out I was pregnant. Previous to that, we were together five years, and he had four kids during that time with four different women I didn’t find out about until I was a little over six months pregnant. Once confronted, he then decided to question my unborns paternity and said he wanted nothing to do with her. He was not at the hospital for her birth even though he was notified; he is not on her birth certificate; she actually has my ex-husbands last name, however; we did have a DNA test done to determine paternity for child support that I never started him on. I met a wonderful man, and we are now married, this is the only man she had ever known. He had been there for two years, and he wants to adopt her. My question is, do I need consent from her biological father? If so the problem is, he won’t agree to it…would it just be better to leave things as they are now?? Her biological father does nothing for her; he doesn’t even acknowledge her when we see him in public. I just want my husband, who wants her to have his last name to be able to have that.
Yes bio dad will need to legally sign his rights away in order for the new husband to adopt her.
Question though, she has a bio dad, but another mans last name, and now another man wants to adopt her?
Speak to a lawyer, being you did a DNA test and proved he was the father he may have legal rights, having said that, you can hit him up for child support.
My friend adopted his wife’s daughter. The court told them that as long as the biological father has not had any attempt of contact for a year, that they did not need his consent. It probably just depends on where you are though.
Take him for child support that may get him to sign off his rights for her to be adopted.
He has to sign away rights. You could always threaten him with back child support if he refuses. Sounds like he’s a complete POS anyways.
Yes need bio dad permission, you can try going through courts to fight it without his permission but that will cost money & if he wants to he can request visitation right & you child support during these court proceedings
This is gonna be different in every state. Ask your local courthouse or lawyer
Talk to a lawyer because you could possibly say that bio dad abandoned her which means he doesn’t support her hasn’t seen or talked to her and typically that has to be true for 4-6 months then a court will grant his rights be stripped and step dad can adopt her from that. But speak to a lawyer about it
If bio dad is not on birth certificate, he has no rights to the child
After years, you could take him to court and try to argue abandonment and then request the adoption. Good luck.
Check your state laws. Some states will allow you to file if the other parent has abandon the child. If all else fails, get support from bio-dad and offer to drop it for signature on adoption consent. I generally wouldn’t suggest this, but if bio has nothing to do with her and doesn’t want to, perhaps monetary motivation will work.
Charge forwards and follow through. Of Anything God forbid ever happened to you then if adopted your husband now would get her. Otherwise… She would probably wind up with someone else
Not if not on birth certificate but different where you live
Admin, the hashtags have got to go! Lol
We went through this as i was the child in my situation. My biological father had to sign his rights away and he did so after my mom said she woild drop all the unpaid childsupport charges. See if you can talk to a lawyer about backdating childsupport he should have been paying amd then hou can use that
If he’s not on the birth certificate I don’t think consent is necessary
Who is listed on her birth certificate? I would think whoever is listed on there would be the one that needs to sign off
I’d assume it was whoever is on the birth certificate?
Yes you have to get his permission.