“I married my wife in late 2007…she had a son with another man in 2004 out of wedlock and did not list the biological father on the birth certificate. They agreed to no visitation and no child support to be paid, and he has not challenged us in court at all. Is there a way I can place my name on my son’s birth certificate so that he is my son and not just a “step-son”? I’ve raised him as my own since early 2006. My wife and I also have a biological child born to us in 2008.”
Provided that the biological father agrees, you can adopt your wife’s son in a fairly straight-forward adoption action. Whether the birth certificate can be amended to include you, however, is another matter, and will depend on several factors. You should consult with an adoption attorney in your state, who can both help you with the adoption, if that is the route that you choose, and who can answer your question about putting your name on the birth certificate.
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A house attorney has answered this question.
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State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.
“My daughter’s dad and I had an argument over the holiday’s and I did not hear from him for a few weeks I finally called him to see what was going on and he said that he wanted me to file something so that he could sign off his rights I told him that I did not feel that this was in the best interest of our daughter and that even if we decided to do this he would still be required to pay child support and he said that he would not have to pay child support if he signed off his rights. This is not the only time that he has brought this up and it makes me very angry and upset for my daughter. I am not sure how this all works but I would not agree to this anyway because my daughter deserves both of us in her life but I feel that if he does not want her and is not willing to put our differences aside he might try to take matters into his own hands. What kind of information can you give me so that I can prove to him that this is not an option? And what exactly could he do if he took me to court to try and sign off his rights and not pay child support?”
You can relax and rest assured, it’s actually not possible for either of you to terminate his parental relationship – nor the responsibilities and rights that go along with it – even if you both agreed to do it. The only way that that his parental relationship can be terminated by agreement is if you remarry and your new husband wants to adopt your daughter, and your daughter’s father agrees. The general public policy is ensure that biological parents are both on the hook for their parental responsibilities, and able to avail themselves of their parental rights. Generally speaking, parents may not voluntarily excuse themselves from either.
That said, there is, as you correctly noted, a serious problem if he is asking to have his parental relationship terminated – and the message that your daughter is undoubtedly receiving from this is very sad and damaging indeed. You may want to consider asking the court to order your ex to attend counselling, both on his own, and with your daughter.
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A house attorney has answered this question.
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State laws vary, and the above is intended as general advice, and not
direct legal advice regarding any one particular situation in any one
state. For direct personal legal advice related to your own situation
you should consult an attorney familiar with the laws of your state
and with your situation.