My sons father is not on the birth certificate but has his last name can my new husband adopt w out a fight

Asked almost 2 years ago - Philadelphia, PA

My sons father is in and out of jail and my new husband wants to adopt him and change his last name and be on his certificate is that possible with out being drawn through the court system we live in nj and my son was born in pa

Attorney answers (2)

  1. Howard M Lewis


    Contributor Level 20


    Lawyers agree


    Answered . Generally speaking an adoption cannot occur without termination of the biological parents rights. Did biological father ever acknowledge paternity? That will make a difference. Will biological father voluntarily surrender his rights? That too will make a difference. There are many issues involved here. I suggest you contact a local family/custody attorney to explore your options. Best of luck to you.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Michael T Millar


    Contributor Level 19


    Lawyers agree

    Answered . In order for you husband to do step parent adoption, the biological father would have to have his parental rights terminated either by court order or by consent.

    Perhaps the best way to sell this to the biological father is that he will not have to pay child support if her terminates his parental rights and consents to the adoption.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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