Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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.”
Question: 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.
