PLEASE help, I'm desperate! No biological father!

[soccergirl22]

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

Please help me! I know the rules on standard step-parent adoption and that permission has to be granted by the estranged parent. Here is my dilemma: I was date-raped and haven't the slightest idea where the "father" is. I didn't realize that I was raped because I was drugged and therefore have no police reports and didn't even realize I was pregnant until the morning sickness came. The man who is now my husband has been the only father my child has ever known and ever will know. We weren't married yet when I had the child, so I did not have my husband sign the birth record and now my child has my maiden name. The father part of the birth certificate is blank. How do I get permission from the estranged parent if I haven't a clue where he is? Would it be considered an effort to contact the parent if I put an ad in the paper where the rape occurred? If I put an ad in the paper and get no response then is the child considered abandoned by the father? Help me! I don't know what to do!

 

[soccergirl22]

Also, if I'm to put an ad in the paper, what in the world would I say?

 

[nextwife]

Consult an adoption attorney. They can discuss publication and make sure all is done properly and legally.

 

[haiku]

You need an attorney.

 

[enjmabe]

I agree with all the rest of the post, an attorny would be your best bet, best of luck!

 

[cyjeff]

You may also want to explore abandonment... which, if memory serves, is three years without contact.

How old is the child?

 

[nextwife]

You may also want to explore abandonment... which, if memory serves, is three years without contact.

How old is the child?

If dad was NEVER legally established, the clock on abandonment never started ticking.

 

[cyjeff]

If dad was NEVER legally established, the clock on abandonment never started ticking.

Agreed... I was just brainstorming.

Given the circumstances, I really don't think that a normal search will work. After all, what person would come forward to claim a child that was the product of rape?

 

[LdiJ]

If dad was NEVER legally established, the clock on abandonment never started ticking.

Not so in my state, therefore maybe not so in OP's state either.

 

[haiku]

Agreed... I was just brainstorming.

Given the circumstances, I really don't think that a normal search will work. After all, what person would come forward to claim a child that was the product of rape?

doesn't matter. The legal steps will still have to be followed.

 

[jenndga]

Per TN statute 36-1-113, the father must have been convicted of the rape in order to use it as a reason to terminate his parental rights.

http://michie.lexisnexis.com/tennessee/lpext.dll?f=FifLink&t=document-frame.htm&l=jump&iid=23c30640.1f31d1c5.0.0&nid=6861#JD_36-1-113

Since there was no conviction, you will need to proceed as if the sexual act was consensual. I am assuming that the biological father did not provide support for you during your pregnancy, that you were single at the time of conception and the birth, and that the father has made no attempt to legitimize his parental rights or provide for the child emotionally or financially in any way. If so, you can simply petition the court to terminate his parental rights based on that information as part of the adoption itself. As long as he has not registered himself as a possible father of the child, you should not have too much trouble, especially if you have an attorney.

Good luck to you!