Can my husband adopt my daughter without the biological fathers consent?

Asked about 1 year ago - Jamestown, NY

My daughters biological father is not on her birth certificate but paternity has been established and the biological father does have joint custody. Can my husband legally still adopt her without her real fathers consent.

Attorney answers (4)

  1. Latrice Vinell Campbell

    Contributor Level 12

    3

    Lawyers agree

    Answered . No. You will definitely need his consent in order to terminate his parental rights.

    Former Prosecutor and Family Court Law Clerk. I am available for phone consultations at (914) 368-2646. This... more
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . There is no way to cut off a man's DNA and use a court to enter an order making another man a daddy.

    Having a child is not a game of "pretend" and a court cannot make a game of "pretend" a reality. You cannot force a child away from the biological father without his consent and you cannot fabricate a case to prove his unfitness. This is because you cannot decouple a child from the biological father.

    If you try, that will backfire with the father and the child when the child grows up.

  3. James Joseph Bagley

    Contributor Level 12

    4

    Lawyers agree

    1

    Answered . No. He will need the biological father to consent to terminating his parental rights. Since the biological father has joint custody it isn't likely he wants to give up his rights to see and be with his children. You may be able to work out something where the biological father is guaranteed visitation so long as it stays in the best interests of the child. Consult with a family lawyer in your area for more specifics about the process.

    Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case... more
  4. Marco Caviglia

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . No, unless extraordinary circumstances compelled a court to sever his parental ties and rights.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more

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