My son is two months old and he's biological father is not on his birth certificate I am engaged to another man and he is wanting to adopt him. Do I have to go legal permission from my sons biological father before my fiance can adopt my son even though he is not on the birth certificate?
He has a father. See an attorney for the steps of adoption once you are married.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.
You must notify the biological father regardless of his status on the birth certificate.
Your fiance will be unable to adopt your son until the whereabouts of the biological father are known and or all reasonable efforts made by a third party attorney appointed to find him have failed. He must either agree to allow the adoption or a Judge must terminate his rights.
This is for educational purposes only. This answer is given based on the facts provided above. Contact a local attorney to further discuss these issues. No attorney client relationship is established. These questions and answers are fully searchable and viewable on the internet.
I agree with Ms. Watson's response to your question, but I'd like to add that it would be unlikely the court would allow your fiance to adopt your child until he is actually your husband and has established a history of living in the same home with you and your child for at least six months. Once adopted, your child would be your fiance's child the same as if your son was born to the both of you, so the court's concern would be that the parent-child bond is well-formed and that your fiance would still act as his father even if the two of you were to part company someday. All of this assumes your child's natural father has either voluntarily given up his rights or has had them terminated involuntarily, since there can be no adoption without a termination of the natural father's rights.
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