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If the biological father to my child doesnt know my child exists, does he still have to sign away rights.

Chenoa, IL |

My fiance and I are getting married and we want my child to take my fiances last name. We arent sure however if we need to have my childs biological father sign away right even though he doesnt know that he is a father.

Attorney Answers 1


This is the type of situation that could haunt you and cause problems down the road if you don't deal with it head-on now. First, if your fiance wants to adopt your child, then you will need the cooperation of the biological father or a court order saying it is not necessary. If you know who your child's biological father is, and you know where to find him, it is my opinion that you and your child will be best served by contacting a local attorney to help you complete a termination of his parental rights and an adoption of same by your fiance.

IMPORTANT LEGAL NOTICE: Ms. Brown’s response above is not legal advice and it does not create an attorney-client relationship. Ms. Brown’s responses to all questions posted on AVVO are intended to provide general information based upon the facts stated in the question, and are for educational purposes of the public, not any specific individual. In order to offer legal advice about this or any similar situation, a qualified attorney would likely need to consider many factors not stated in the question or response above. If you would like to obtain specific legal advice about this issue, please contact an attorney in your state. Ms. Brown is licensed to practice law in New York, and may be contacted by email at:

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