complicated adoption case

[ihaveaquestion1]

What is the name of your state (only U.S. law)? CALIFORNIA


here's the story:

wife conceived while her and her husband were separated, husband knows from the beginning, they reconcile, already have 2 children together. birth father wants nothing to do with the child from conception, is suicidal, moves out of the country. child is born, takes husband's last name and is raised as his own flesh & blood.
birth father's family finds out about the child from wife's mutual friend and wants to be apart of the child's life. the husband & wife both agree this is not best. child is 1 year old and no legal adoption has taken place yet.

the goal is to remove any and all involvement with birth father & family.

what is the best route?What is the name of your state (only U.S. law)?

[Gracie3787]

Originally Posted by ihaveaquestion1

What is the name of your state (only U.S. law)? CALIFORNIA


here's the story:

wife conceived while her and her husband were separated, husband knows from the beginning, they reconcile, already have 2 children together. birth father wants nothing to do with the child from conception, is suicidal, moves out of the country. child is born, takes husband's last name and is raised as his own flesh & blood.
birth father's family finds out about the child from wife's mutual friend and wants to be apart of the child's life. the husband & wife both agree this is not best. child is 1 year old and no legal adoption has taken place yet.

the goal is to remove any and all involvement with birth father & family.

what is the best route?What is the name of your state (only U.S. law)?

Was the child born during the marriage?

If so, the husband is the legal father, with no need for an adoption.

Legal parents have the right to decide who is in thier child's life or not.

[Ohiogal]

Until the biological father petitions for paternity. Then the legal father COULD be disestablished and have absolutely NO say so. The penalty that is paid -- the poor child. Mom should NOT have been screwing around and then there would NOT be an issue.

[LdiJ]

Originally Posted by Ohiogal

Until the biological father petitions for paternity. Then the legal father COULD be disestablished and have absolutely NO say so. The penalty that is paid -- the poor child. Mom should NOT have been screwing around and then there would NOT be an issue.

While this is true, apparently the biological father has left the country and will not be establishing paternity or anything else.

In that circumstances the biological father's family would have absolutely no standing to sue for any kind of visitation with the child.

[Ohiogal]

Originally Posted by LdiJ

While this is true, apparently the biological father has left the country and will not be establishing paternity or anything else.

In that circumstances the biological father's family would have absolutely no standing to sue for any kind of visitation with the child.

While I agree with you, the OP also makes this statement:

the goal is to remove any and all involvement with birth father & family.

The birth father will have a right to petition to establish paternity regardless of whether he is in the country or not. He has a right to attempt to get to know his child and the lying couple can't stop that unless an adoption takes place. That would mean SERVING dad. And it could also mean that fraud was committed on the birth certificate.