My fiancee wants to adopt my daughter. There is no birth father listed on her birth certificate. How do we do this?

Asked about 3 years ago - Lynchburg, VA

She was a result of rape and I don't know who her real father is, nor do I wish to find out. I suffered enough from him. How do we proceed without a lawyer?

Additional information

My daughter was born in 2007 in upstate NY.

Attorney answers (2)

  1. Mary G. Commander

    Contributor Level 16
    Best Answer
    chosen by asker

    Answered . Your fiancee cannot adopt your daughter if you are not married to him unless this is a situation (which I feel certain it is not) in which you are giving up your parental rights, and the fiancee would be the sole parent. Courts let single people adopt every day of the week, so that is not the problem. The problem is that two unrelated people-which is what you and your fiance are- cannot be the parties to an adoption.
    After a marriage, there is a process for step-parent adoptions set forth in the Virginia Code.
    This provides:
    " When the custodial birth parent of a child born to parents who were not married to each other at the time of the child's conception or birth marries and the new spouse of such custodial birth parent desires to adopt such child, on a petition filed by the custodial birth parent and spouse for the adoption and change of name of the child, the circuit court may proceed to order the proposed adoption and change of name without referring the matter to the local director if (i) the noncustodial birth parent consents, under oath, in writing to the adoption, or (ii) the mother swears, under oath, in writing, that the identity of the father is not reasonably ascertainable, or (iii) the putative father named by the mother denies paternity of the child, or (iv) the child is fourteen years of age or older and has lived in the home of the person desiring to adopt the child for at least five years, or (v) the noncustodial birth parent is deceased, or (vi) the noncustodial birth parent executes a denial of paternity under oath and in writing, or (vii) the noncustodial birth parent:

    a. Is not an acknowledged father pursuant to Sec. 20-49.1; and

    b. Is not an adjudicated father pursuant to Sec. 20-49.8; and

    c. Is not a presumed father; and

    d. Is a putative father who has not registered with the Putative Father Registry pursuant to Article 7 (Sec. 63.2-1249 et seq.) of this chapter and, if his identity is reasonably ascertainable, he has been provided notice pursuant to Sec. 63.2-1250 and failed to timely register. "

  2. Susan Leslie Fraser

    Pro

    Contributor Level 14

    Answered . It would be easiest if you and your fiancee complete your marriage before attempting the adoption. If you can sign an Affidavit as to the facts you've noted above, and there is no man listed in the Virginia Putative Father's Registry, then your fiancee's adoption petition should be granted. If you are NOT married, it is much more complex, and the Courts generally dislike awarding adoptions to people who are unmarried, although it is not impossible.

    Legal issues often depend on the specific facts in any given case or situation. Please do NOT utilize the... more

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