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.
“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.”
Question: 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.
