What is the name of your state?What is the name of your state?
Washington (olympia)
My husband would like to adopt our 6 year old son. However, there are some complicated details that we are not sure how to deal with.
I was previously married, this marriage was durring the time that my son was born (marriage and birth took place in wa). My ex-husband is not the biological father. However, I have read that in wa state the marriage atuomaticlly makes him the "legal father." My ex-husband was not very involved w/ my son and has been completly absent since we seperated and divorced (a period of over 3 years). Durring the time of our divorce we had DNA testting done to document the fact that he was not the father. This was a certified medical test of which I still have copies. Durring that time he also signed a certified paternity affidavte, denieing patternity. I also have this document. The actual divorce did not contain any issue of custody or even exsistance of a child. The decree specificly states that "there are no children of this marriage."
The legal forms for step parent adoption seem to require his consent, or the consent of a biological father. However, both of these are an impossibility. Since the divorce I have had no contact w/ my ex-husband and I have no idea where he is! The issue of a biological father has never been pursed (even at birth). In fact, my sons' birthcertificate lists the father as "unknowen" and he has my madien name (as his last name).
How do we proceed? Are the documents that I have (DNA test and affidavet) enough to void the need for my ex-husbands consent?
Washington (olympia)
My husband would like to adopt our 6 year old son. However, there are some complicated details that we are not sure how to deal with.
I was previously married, this marriage was durring the time that my son was born (marriage and birth took place in wa). My ex-husband is not the biological father. However, I have read that in wa state the marriage atuomaticlly makes him the "legal father." My ex-husband was not very involved w/ my son and has been completly absent since we seperated and divorced (a period of over 3 years). Durring the time of our divorce we had DNA testting done to document the fact that he was not the father. This was a certified medical test of which I still have copies. Durring that time he also signed a certified paternity affidavte, denieing patternity. I also have this document. The actual divorce did not contain any issue of custody or even exsistance of a child. The decree specificly states that "there are no children of this marriage."
The legal forms for step parent adoption seem to require his consent, or the consent of a biological father. However, both of these are an impossibility. Since the divorce I have had no contact w/ my ex-husband and I have no idea where he is! The issue of a biological father has never been pursed (even at birth). In fact, my sons' birthcertificate lists the father as "unknowen" and he has my madien name (as his last name).
How do we proceed? Are the documents that I have (DNA test and affidavet) enough to void the need for my ex-husbands consent?