Do I Need to File for Adoption for my Husbands Unborn Child if the Mother Wants to Terminate Rights?

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“My husband recently had an affair. The woman is pregnant and doesn’t want the baby. She has offered to let my husband and I have full custody. Am I correct in thinking that we would need to do a “stepparent” adoption? Does his name go on the Birth Certificate at birth? Also, she says she wants no rights and doesn’t even want to see the baby when it is born. I have forgiven my husband and we going through marital counseling about the whole situation. I am unable to have children and am more than willing to adopt this baby. I just wanted to know what steps we need to take to make everything legal in Georgia. Thanks for taking time to reply.”

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You might need to do stepparent adoption, but your husband, as the child’s father, would not. He can make a voluntary declaration of paternity at the hospital and have his name on the birth certificate, assuming he is sure that it is his. If your state allows the voluntary termination of parental rights, that would be something baby mother would need to do to clear the way for you to adopt. Some states allow pre-natal paternity actions to determine custody, and that might be the only way to get enforceable court order in place before the child is born.

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Author: House Attorney

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