Can My Husband Adopt My Daughter, Who Was Fathered by Another Man?

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‘My ex boyfriend and I have a 2 year old child together. His name is not on the birth certificate and paternity has never been proven by the courts. I have given his name as father to DSS for medicaid so child support enforcement is in the process of finding him to establish paternity. I recently got married and my husband sees himself as her father. She sees him as daddy. Her biological father met her once more than a year ago and has not seen or spoken to her or me since. He’s never even supported my daughter in anyway. My question is, do I need to go through the courts and have his rights terminated or can my husband adopt her?’

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It is rare that a court would terminate a biological father’s rights, absent egregious abuse or genuine, immediate threats to a child’s life or limb, unless the biological father is willing to voluntarily give up his parental rights to allow your husband to adopt your daughter.

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Author: House Attorney

A house attorney has answered this question.