K.G. asks from Tomball, TX on May 05, 2009
New Boyfriend Wants to Adopt Once We Marry
I would like to know what the law says about adoption if the biological father is not named on the birth certificate. My boyfriend has said that once we get married, he would love to adopt my son. I never named my son's father on the birth certificate because he was already out of our lives and I knew he would not be a part of his life. He is aware that he has a son but after the initial conversation, he has not tried to contact me or offered any assistance.
I should add that I have no idea where my son's father is. The last I knew is he was in Kansas. I don't have a phone number or a physical address. When I contacted him 3 years ago to tell him that I was pregnant, it took me a few days and I had a phone number of a friend, who then had him call me so I could tell him and that was the last I heard from him. So I guess if I needed to, I could attempt to track him down to sign over his rights, but wanted to find out if its feasible to do it without tracking him down.
Does anyone have any knowledge in that department?
1 mom found this helpful
So What Happened?™
Thanks for everyone's response. At this time I am just trying to see if anyone has encountered this before and what I might be up against. It will be awhile before we get married but it has been discussed and he has said that he wants to adopt my son. I might try to track him down and if I can find him, see if he will sign over his rights but I would like to avoid that at all costs if possible. Thanks again!
S.R. answers from San Antonio on May 06, 2009
A friend of mine went through this last summer. Her daughter's biological father had never seen her daughter, never been a part of their lives at all. When she married, they went through the process of having her husband adopt her daughter. They did have to track him down to give him the option of signing over his rights or contesting it. He didn't show up to the first court date, so they were granted the adoption and his rights were terminated. However, he was given 30 days to contest it and request a new court date, which he did. In court, since it was proven that he knew about the baby and never made any attempt at being a father toward her (monetarily or otherwise) his rights were terminated for good and the adoption went through. His name was not on the birth certificate, by the way. I would recommend talking to a family lawyer, which is what my friend had to do. They can give you all the information you need. Hope this helps!
1 mom found this helpful
L.G. answers from Austin on May 05, 2009
i dont think you would need the father to sign over rights b/c he is not on the birth certificate. if he came forward, petitioned for a dna test, etc. to prove he's the dad then of course you would. but it doesnt sound like that would even happen.
good luck w/ everything
C.M. answers from Chicago on May 06, 2009
Get an ADOPTION attorney, not a general practice attorney. Adoption law is very specialized and the laws regarding parental notification and waiver of parental rights varies from state to state. If your son was born in Texas, and the birth father was residing in Texas at the time, you may luck out, because there is an opt-in registry for this state. However, if your son was born out of state and/or the birth father was residing out of state at the time your son was born, then other factors come into play.
D.E. answers from Longview on May 06, 2009
well I can tell you what my son went thru & was very simple, & a lawyer told him about it. said he knew my son didn't have alot of money, which adoption would be. cause if you tell them, you have to contact real father. but if there is no name on birth certificate, go back to county where your son was born & have bioyfriend's name put on it & lawyer said was just as legal as anything if you both were on board about it. cost is about 15.00 handling.
H.B. answers from Corpus Christi on May 06, 2009
Speak with an attorney. I believe you can run an ad in a newspaper for so many days & if he doesn't respond within a certain amount of time then you should be free & clear for your husband to adopt. A friend of mine went through this a couple of years ago. Good luck & good for you finding a good man that wants to raise your child as his own!
S.T. answers from Houston on May 06, 2009
With no father listed on the birth certificate I don't think he would have to adopt your son. I think you might could apply for an amended birth certificate and add his name to it and possibly change the child's last name if you should want to do that. As for a custody battle if there's a divorce AFTER an official adoption or the like, that could happen even without doing anything legal to make him "daddy." I have heard of sticky custody battles with similar situations.
T.E. answers from Houston on May 06, 2009
if your son's father didn't sign the birth certificate, and he has your name then your boyfriend should be able to adopt your son.
J.T. answers from Houston on May 06, 2009
If he isn't on the birth certificate then he has no rights. I didn't put my son's dad on his for many reasons, and one of the main reasons was so he didn't have rights. Think very carfully before going through on adoption. Think down the road. You want to make sure your not fighting for custody later on in yall's marriage.