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

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. 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 and should not be relied upon as such. My answer to you did not create an attorney-client relationship. James J Bagley Whaley, Bowie and Bagley LLC Providence, RI 401 454 7700 jbagley@wbblegal.com


  2. 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 answer is very general and is not intended to be specific legal advice and does not create any attorney/client relationship. Please consult an attorney with the specifics of your case to determine your best course of action in or out of court


  3. 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.


  4. 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 educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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