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 boyfriend/fiancee’s ex had a son without his knowledge. Now she is writing him asking him to allow her new husband to adopt the child or else she will sue for child support. My boyfriend wants nothing to do with her or the child and she claims that there is no name on the birth certificate. Is there a way the adoption can be done with out a DNA test or going to a Wisconsin court? She and the baby live in Wisconsin and we live in California. I belive the baby was born in Montana.”In this situation, in order for the adoption to be done, the biological father is going to have to agree. For the biological father to agree, it needs to be established that he *is* the biological father. It’s possible that without a test your boyfriend can do an “acknowledgment of paternity” in California, however at that point, if the new husband changes his mind, your boyfriend will be on the hook, and unable to demand a paternity test in that case.
Question: Regardless, you’ll need to speak with an attorney in California, and also have the mom speak with an attorney in Wisconsin, to find out the easiest – and safest – way to make this happen.
Answer:
