Adoption/Change Birth Certificate

[May47]

What is the name of your state? New York
My son is engaged to a girl that has a 10 year old daughter. There is no father listed on her birth certificate and she was married to another man (now her ex)(other than the Bio-father) at the time of her birth (her ex has had and still has visitation). Is this man legally her father?
My son wants to put his name on the birth certificate as her father and he is looking to get some sort of application to do this. I am afraid that this would be fraud.
Do they have to contact the bio-father (he doesn't know about the child) to inform him and get his permission to adopt her?
What is their recourse. BTW she was born in Suffolk County, NY but they now live in South Carolina.

[nextwife]

Originally Posted by May47

vshe was married to another man (now her ex)(other than the Bio-father) at the time of her birth (her ex has had and still has visitation). Is this man legally her father?
My son wants to put his name on the birth certificate as her father and he is looking to get some sort of application to do this. I am afraid that this would be fraud.
Do they have to contact the bio-father (he doesn't know about the child) to inform him and get his permission to adopt her?

Isn't she a peach!

She made a baby while married to someone else. Is she collecting CS from her ex-husband, the legal father?

She has never informed the biofather of her child that he even HAS a child so that he may establish a relationship with his child? So she has stolen a father /daughter relationship from both her child and her child's father.

Now, she wants to commit fraud and put your son on the birth certificate. That way, if she divorces him in a couple years, son can get to pay CS until 18 to 21, depending on that state guidelines. Additionally, if she ever collected state aid, he will be made to pay back the state for "his" child's support costs.

[May47]

New York
She was not married when she got pregnant, she married the legal father months later with his knowledge of the pregnancy but they were married before the child was born. I believe she is collecting CS from the legal father.
He is the bio father of their 2nd child and I think he is paying and seeing both children.

[stealth2]

Peach is right. I'd suggest your son think long and hard about getting involved in any sort of adoption scenario (I'd hope he'd think long and hard about any involvement with this woman) - NYS guidelines have CS until the age of 21.

[seniorjudge]

Originally Posted by May47

What is the name of your state? New York
My son is engaged to a girl that has a 10 year old daughter. There is no father listed on her birth certificate and she was married to another man (now her ex)(other than the Bio-father) at the time of her birth (her ex has had and still has visitation). Is this man legally her father?
My son wants to put his name on the birth certificate as her father and he is looking to get some sort of application to do this. I am afraid that this would be fraud.
Do they have to contact the bio-father (he doesn't know about the child) to inform him and get his permission to adopt her?
What is their recourse. BTW she was born in Suffolk County, NY but they now live in South Carolina.

Tell your son to run away as fast as possible.

[May47]

New York
This is my intention but I would like to show him evidence that signing the birth certificate would be fraud and the only way to adopt her is to go through the court process which would mean notifying the Bio Father and giving up CS from the legal father. Is the ex-husband infact the childs legal father or am I wrong about that?

[nextwife]

Originally Posted by May47

I believe she is collecting CS from the legal father.
He is the bio father of their 2nd child and I think he is paying and seeing both children.

A. She did choose to cheat biofather and child out of a relationship because having biodad invo,lved would have been inconvenient to her then upcoming marriage.

B. She made her new husband the legal dad of another man's child WITHOUT giving a hoot whether biodad may have actually wanted to be dad to his child, or his kids having a relationship with their sibling. And even though she knew legal dad wasn't biodad, shye collected CS from him and has had the child develope a father daughter relationship. THis man IS dad, now, to this child.

C. Now, she's in yet another relationship and she AGAIN wants to toss out the child's dad in favor of her new relationship, evidentally not giving a rat's *** about the legal dad or the child's rights in this. So, since she's in another rreloationship and no longger wants legal dad's CS money, she's ready to toss him out, if she can, by putting your son on the BC. Which IS fraud, BTW.

I hope your son would think long and hard about this, even if it WERE legal, for a myriad of reasons. How dare he think that he has the right to just come along and bounce a man from the life of the child that man has been dad to since birth. A ten year old, no less.

Well, wasn't it PT Barnum who allegedly said "There's a sucker born every minute....". Don't let it be your son. She sounds like a real winner.

[May47]

New York
I know all that. Please, can someone just answer a few questions. I don't want to give my Son the wrong advise because he will look elsewhere if I am wrong.
1. Is the man that she was married to at the time of her childs birth the LEGAL father?
2. If my son wanted to adopt that child does he have to get the LEGAL fathers consent or the Bio-Father consent.
Please, I appreciate the good advise but I want to make sure that my son has the facts, at least enough where he will get a lawyer if I can't talk him out of this.
Thanks for all your help.

[stealth2]

I believe it's the legal father who would need to consent. However adoption is never really a do-it-yourself project. If nothing else, tell him that doing it wrong could get it overturned in the future, so he's best served to consult with an attorney. Hopefully, the attorney will either convince him that he's being an idiot OR want so much as a retainer that your son drops the idea.

I feel sorry for the kid, to be honest.

[seniorjudge]

Originally Posted by May47

New York
I know all that. Please, can someone just answer a few questions. I don't want to give my Son the wrong advise because he will look elsewhere if I am wrong.
1. Is the man that she was married to at the time of her childs birth the LEGAL father?
2. If my son wanted to adopt that child does he have to get the LEGAL fathers consent or the Bio-Father consent.
Please, I appreciate the good advise but I want to make sure that my son has the facts, at least enough where he will get a lawyer if I can't talk him out of this.
Thanks for all your help.

If the court and the lawyers were halfway smart, then BOTH of these guys would need to be giving their permission.

[nextwife]

Did I not already state that the man paying CS IS the legal father? (unless he's merely paying it out of the goodness of his heart). This guy HAS had visitation and financial responsibility for the child. While it might be possible for BIODAD to challenge legal dad's paternity and try to dis-establish it via DNA testing, your son cannot DIS-establish the legal paternity, other than by adoption and consent of the legal father. And he'd need to be married for a while before that could occur, if all parties were agreeable.

And son should have his head examined if he chooses that course prior to a long term, stable marriage existing.