WE are wanting to place my mothers name on the birth certificate as the second parent bc there has been no father

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Customer: WE are wanting to place my mothers name on the birth certificate as the second parent bc there has been no father paternity established
JA: What was your marital status at the time of birth?
Customer: unwed
JA: Has a paternity action been filed in family court?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: bio father was told b4 birth and walked away. Child DOB 3/16/2020
Answered by P. Simmons in 5 mins 1 year ago
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P. Simmons
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P. Simmons
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P. Simmons
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67088 Satisfied customers

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P. Simmons, Expert

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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P. Simmons, Expert

Not sure I understand...you want the mom to be listed as both parents on the certificate (so the same person listed twice)?

Customer
no, the birth mother is listed, of course, but there is no 2nd parent listed and we want to list the maternal grandmother as2nd parent legallly
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P. Simmons, Expert

Ahh...thanks, ***** ***** it.

A few minutes please, I have some thoughts and will type them up.

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P. Simmons, Expert

Thank you for your patience
What you have described is not something that is, generally, permitted, unless you have a court order.

Specifically, the process to add a person to a birth certificate after the child has been born requires one of 2 things

1. The father can be added, immediately after the birth, IF both the mom and the putative father agree. This is called "acknowledgement of paternity:

2. The court can order a person be added, either through a petition from a putative father who proves via dna testing he is the father, or by an adoption.

What you are describing, since the maternal grandmother can not acknowledge paternity (she is not the father), the only way to add her would be via an adoption. And unless she is married to the mom, this is not likely to be granted.

Please let me know if you have more questions. I am happy to help if I can.

Customer
how would we start the adoption process and would this remove the bio mothers rights? Also, we live in Indiana, so does the bio father have to be notified of the adoption if he has never established paternity? If the adoption is granted, can the bio father come back at any time and do a DNA test then reverse the adoption?
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P. Simmons, Expert

If there is no father listed on the birth cert? Then there is no legal father...so no need to notify anyone.

If the goal is for grandma to adopt and mom agrees? This is relatively easy...you hire an attorney with experience in adoptions and they will make this happen.

Customer
Mom doesn't want to give up parental rights, we just want to make sure that the bio father can't come back just out of the blue and try to see a child he has walked away from.
So a man would have to sign the parental affidavit if they are the father?
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P. Simmons, Expert

The bio father could file a request with the court to be named father...and if DNA testing shows he is the father, the court can grant this (add him to the BC). But it is not automatic...the court will only add him IF the DNA shows he is the dad AND this would be best for the child. SO IF dad goes down this road, hire a local attorney to help you fight this (help show that adding this man to the child's life will not help the child)

Customer
Is there a time line for this? In IN I believe 1 yr no contact constitutes abandonment but does that mean from the time paternity is established or birth of the child bc the man was notified of the pregnancy and said he wanted nothing to do with the baby.
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P. Simmons, Expert

They can file after 1 year...but the longer they wait, the better argument you have that the child would not benefit from this

The focus in this matter is the child...what is best for the child.

Keep in mind the cost...the putative father will need to spend thousands just to get rights...then they will be paying child support till the kid turns 18. This makes such cases rare.

Customer
if a current man, that has been in childs life and supported baby since birth wants to take responsibility legally can they sign the affidavit even tho not bio?
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P. Simmons, Expert

No...no, that is not allowed...if the current man wants to be the father, they need to adopt the child.

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P. Simmons, Expert

You can hire a local attorney to assist with the adoption.

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P. Simmons, Expert

Hi, I wanted to let you know I have to step away for approx 1.5 hours to attend to matters. I will follow up with any further questions you may have when I return

Customer
ok TY
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P. Simmons, Expert

Certainly

Customer
What if the current man adopts and then the bio comes and establishes paternity, is the adoption void?
Customer
Do they have to be married b4 adoption
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P. Simmons, Expert

The court will generally require you (mom) be married to the adopting dad.

IF you allow someone to adopt the child? It is HIGHLY unlikely that someone else can come along to establish paternity. I can not say impossible...but the court is focused on the needs / best interests of the child...NOT the adults. So if someone adopts this child (if mom marries and the husband then adopts)? It is unlikely the court would then allow someone to come and claim he is the dad.

Customer
What if the mother and adoption dad are not married
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P. Simmons, Expert

It is not common for the adoption to be granted. Not impossible...but not common or likely.

Customer
Ok
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P. Simmons, Expert

:)

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