Can my husband adopt my daughter if paternity has never been established?

Asked over 1 year ago - Cincinnati, OH

My husband and I have been together since my daughter was 6 months old, she's now 3. We'll be married for a yr in a few weeks. My daughter has never seen her biological father and he refuses to take a DNA to establish paternity. Child Support has set up the testing and he never shows up and it can't be court ordered supposedly because they can't find him. Is there anyway my husband can adopt her? Also, if possible, does his PAST criminal record have any weight in a courts decision to let him adopt her?

Attorney answers (2)

  1. Martin Dennis Koop

    Contributor Level 10


    Lawyer agrees


    Best Answer
    chosen by asker

    Answered . YOur husband is the putative father and he may petition the court to adopt her. It would be up to the biological father to challenge the adoption. If he is not listed in Ohio's putative father registry and is not willing to establish paternity with a DNA test, then he will be unable to challenge the petition in court. If he does take the DNA test and does present a challenge, things become more complicated but it is still possible that a court would terminate his parental rights.

    You can reach Martin D. Koop at (419) 447-2521 or Martin Koop is an attorney licensed... more
  2. Christopher Joseph Tamms

    Contributor Level 17

    Answered . Yes. Until paternity is established he is a putative father, not her father. He'll have to be served. Here's the good news. He'll have to take a DNA test to have standing to object. If he does, then you can get him for child support.

    This answer is provided for general purposes only. If you need legal assistance you should consult with an... more

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