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

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

Philadelphia, PA -

Attorney Answers (2)

Howard M Lewis

Howard M Lewis

Family Law Attorney - Framingham, MA

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
Michael T Millar

Michael T Millar

Litigation Lawyer - Toms River, NJ

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.

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