Legal adoption of step-son. I have been with his mother since she was 3 months pregnant with him. The biological father

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Customer: Legal adoption of step-son
JA: What steps have been taken? Have any papers been filed in family court?
Customer: I have been with his mother since she was 3 months pregnant with him. The biological father is not on the birth certificate and he is not in our sons life. We recently married in September. No steps have been taken and no papers have been filed in family court.
JA: Family law varies by state. What state are they in?
Customer: Pennsylvania
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My "Step" son and I share the same last name.
Answered by A.D. in 4 mins 2 years ago
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A.D.
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A.D.
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A.D.
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2188 Satisfied customers

Jessica

Jessica

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A.D., Expert

Good morning! Were you married to the child's mother at the time of the child's birth?

Customer
No. We got married September of 2019
Customer
He was born December 2016
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A.D., Expert

Understood! It is certainly possible. You can get an adoption without the actual consent of the child's biological father if the father cannot be located or has refused/failed to perform parental duties. However, you would still have to have the bio father's rights terminated by a judge before you can proceed with an adoption. This is more time-consuming than it is difficult, and you'll want an attorney to help guide you through the all the paperwork (contact your local county bar association if you need a referral to a local adoption attorney). But yes, this can be done!

And kudos to you for being the dad in this child's life!

Did I help you today!

Customer
Even if the bio father is not on the birth certificate, we still have to have a judge terminate his rights?
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A.D., Expert

Most likely. If he is known, he would still have standing if there is "substantial evidence" that he is indeed bio father.

Customer
He hasn't contacted us since he was 2 weeks old. His family has contacted us either.
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A.D., Expert

I understand, but you don't meet the requirements as a "presumptive" father, and you wouldn't want him coming along years down the road saying due process wasn't followed and he wants his rights established. It's ultimately up to the judge, but removing the issue of consent of the biological father, even an unknown one, is part of the procedure.

Customer
Oh okay. Well, thank you! That's definitely something I did not know we had to do.
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A.D., Expert

Your attorney will take care of it. If he's in the wind, it usually just involves publishing a legal notice in the newspaper (that part of the classifieds no one reads) so they can establish an attempt at service, terminate his rights and move forward without needing his approval.

Thanks! I'm glad I could help! Stay safe!

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