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 was severely beaten and raped by an ex-boyfriend 3 months after the break up. The beating was so severe that I was in a coma for 4 days. I want to get him to sign away all his rights. Will his name still have to be on the birth certificate? He is now in jail for 25 years and has never seen my daughter. I want the way cleared incase I get married someday and my husband wishes to adopt her.” Thank you for this service.
Question: Birth Certificate names birth parents. Signing away parental rights will not alter that. Different states have different procedures for terminating parental rights – both voluntary and involuntary procedures. In some states that process is brought forward automatically by certain governmental agencies under some circumstances. In others, the path to termination of parental rights is brought by the parent, such as yourself, for cause. So name on birth certificate is the parent name; termination of parental rights may be an avenue available to you.
