I was separated from my husband for a year during that time I started seeing someone else and got pregnant. The birth father

Asked over 1 year ago - Orlando, FL

Supported me. At the end of my pregnancy my estranged husband forced me to give my daughter up. The adoption agency knew he was not the biological father and witnessed me begging him to not make me go thru wthis. Now it will be 3 yrs Aug 19, 2013 that signed the paper's. The birth father and I ran into eachother 2 days ago and I finally told him I placed her for adoption. Now he wants to sue the adoption agency and contest the adoption since he nev gave up his rights. In the state of Florida what can we do to start the process

Attorney answers (2)

  1. Brent Allan Rose

    Contributor Level 20

    Answered . Given that your husband was the legal (even though he wasn't the biological) father of the child, I seriously doub the agency failed to get your ex-husband's agreement to terminate his rights. And why has he waited three years? What does he want to do, take this probably-happy three-year-old from loving parents? Show your paperwork to a lawyer, but, for a number if reasons, you'll almost certainly hear that you can't sue the agency.

    The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy),... more
  2. Heather Morcroft

    Contributor Level 20

    Answered . Nothing. He never had any rights because your husband was the legal father of the baby. He would get nowhere. This one was on you. No one could force you to give your child up for adoption. You had to consent of your own volition. Had the birth father been contacted at the time of the birth your husband could have had his paternity disestablished and the birth father's established, but three years after the fact it is too late and there is nothing that can be done. I'm terribly sorry. The good news is that because of the choice that you did make, which I am sure you did because your felt it was best based on your circumstances, your daughter is safely placed in a loving home with parents who have wanted her since birth. So while there is much tragedy in your story, there is also much love and hope.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more

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