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

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

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Attorney answers 2


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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Howard M Lewis

Howard M Lewis


Excellent counsel



Thank you the father does not pay support but knows he is the father and will not terminate rights


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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.