Can My Father Adopt My Son. Unknown of Birth Certificate?

Updated on August 24, 2015
L.L. asks from Gilbert, AZ
13 answers

My father has raise my son and wants to adopt him. The father is unknown.. I am not giving my rights up though. Is this possible? I know it sounds weird

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A.M.

answers from Phoenix on

Ask an attorney about something called family realignment adoption. There are lots of options other than adoption, but if you look into adoption that is the type you are talking about. If you are really in AZ, I can refer you to a great family law attorney, just PM me.

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S.T.

answers from Washington DC on

yeah, it's weird. your father is already his grandfather, which does give him a degree of rights, and he can become your son's legal guardian which will give him all the necessaries to make legal decisions for him.
you can't have your dad adopt him unless you give up legal rights.
it sounds as if it's great that your dad is stepping up. but adopting his own grandson is weird.
khairete
S.

4 moms found this helpful
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J.C.

answers from Philadelphia on

Your father is already his grandfather. He should not adopt him unless you are giving up your rights. SMH!!!

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J.B.

answers from Boston on

I think you should think this through and figure out what benefit you want your son and your father to gain from seeking to legally change their relationship. Having your father adopt his grandson while you are still the mother is weird and creates the illusion of an incestuous relationship (you'd be his mom and his adoptive sister...eww!). There is nothing wrong with having a father not listed on a birth certificate and having your father adopt doesn't negate the fact that the birth father is unknown. If you want your father to have some kind of legal guardianship of your son, while preserving your own parental rights, that's possible but you would need to go through a lengthy process that an attorney would be able to help you with.

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O.O.

answers from Los Angeles on

Preeeeetty sure you'd have to give up your rights to make him adoptable.

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T.F.

answers from Dallas on

For someone to adopt your child.... In most states you will give up your parental rights. That's just how it works.

Hopefully your father can provide the home, stability, nurturing, and upbringing this child needs.

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C.W.

answers from Santa Barbara on

I adopted my biological niece. Both parents gave up up their parental rights, that's what it's called adoption.

Do you want to feel less guilty that you have done a crappy job and just want to be kind of involved?

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E.T.

answers from Rochester on

I had a friend who accidentally discovered, in high school, that her mom and dad were actually her grandparents and her older sister was actually her mom. She had had no idea. She went through a very difficult time after she found out.

Even in an open adoption, the birth parents surrender all parental rights. I was a guardian ad litum in an open adoption. The birth mom and dad had to sign papers surrendering all rights before the adoption could be finalized. I've kept in touch with the adoptive family. They continue to have contact with their daughter's birth mom, but she has no say in how they raise their daughter.

You can give your father guardianship that allows him to make decisions, but if you want to continue to have active legal rights to decisions made about your son, don't allow adoption.

Find someone that can give you legal advice about what will be best for your son and you.

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E.J.

answers from Chicago on

How I read this, is that you want your son's birth certificate to list you as the mother and your biological father as your son's father?

I would think that would so confusing, and the intention of it (giving your son a legitimate father figure so to speak) would not be clear to others (if you get my drift).

I think you either have to give up your parental rights for your son to be adopted or just keep your father as the legal guardian.

Never hurts to consult with an attorney.

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C.B.

answers from San Francisco on

You have to give up your rights in order for your child to be free for adoption. Perhaps your father would consider guardianship instead of adoption. It's a lot faster, easier, and you get to keep your parental rights but he also has all the rights he needs to put your child in school, consent to medical treatment, take him out of the country, etc.

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N.B.

answers from Oklahoma City on

I think that is very odd and will be confusing to your son. If you live with each other then he needs to remember you're mom and dad is grandpa. What if you find someone some day and they want to adopt him.

If son lives with him and he is in fact raising him then you should give this some thought. You can give grandpa restricted guardianship where he can seek medical treatment and other legal things. We have this in Oklahoma.

It's like a letter of permission but it's through the court system so it's registered and has a court clerks stamp. It can be dated for a certain period of time, like kiddo goes to grandpa's house for summer then comes home or it can be dated for a long way away so grandpa can always have those rights.

I think this is definitely something an attorney who is familiar with adoption should be asked. They would know the laws in your state. Each state has their own adaptation of the laws.

M.D.

answers from Washington DC on

What? No. Your father can't adopt him if you are still the legal guardian of him. I'm not even sure this question is legit....sorry.

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