Hello, im from the Philippines and i have a 6 yrs. old daugther from ex boyfriend and he never saw her since birth untill now,..well, i am now married to an american for 3 yrs. so it means my husband has been supporting her for the last 3 yrs. .My husband would love to adopt her and change her name to his name, and my daugthers birth certificate says "unknown" in the fathers name. Do i need to go back to the philippines and ask my ex bf. permission? even if he doesnt saw my daugther at all? and what if he will say, he change his mind and want to be a part of her life now?
You will need to either terminate the biological father's rights or have him consent to the adoption. This is a complicated but not uncommon situation. It is much more complicated due to the biological father being in the Philippines. You will have to deal with Hague Convention issues as well. http://www.woodnicklaw.com/WoodnickGregg_R.html
This general information does not create an attorney client relationship between the questioner and the author. The internet is NOT a place to get 'legal advice'...although gathering general information is always helpful.
The biological father's rights are not curtailed because he has not seen the child especially if he is not aware the child existed. Once the adoption papers are filed, the show cause papers should be served on the biological father according to the international service requirements of your jurisdiction. Once properly served, the biological father would either consent or contest. If contesting the proceedings, he would have to present himself otherwise the court will ultimately waive his consent. You might also explore a possible post adoption contact agreement if valid in your jurisdiction in exchange for his consent and resolution of the matter.
It is advisable regardless to discuss the possibility of adoption amicably with the biological father before filing in order to prevent the unnecessary litigation.
You should consult an experienced Adoption Lawyer in your jurisdiction. This response does not constitute/create an attorney-client relationship. Moreover, this answer is informational only and cannot be construed as a legal advise.
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