Step Parent Adoption KY

[Tede]

What is the name of your state? Kentucky.
I would like to adopt my wife's child. The birth certificate does not list the biological father or anyone for father. She was not married to the biological father. "He" has no involvement in the childs life whatsoever & has never seen the child. How would I go about adopting the child?

[brisgirl825]

Has paternity been established via DNA or Affidavit of Paternity? Are there any child support and/or visitation orders?

[Tede]

Has paternity been established via DNA or Affidavit of Paternity?

no, neither.

Are there any child support and/or visitation orders?

no, again, neither.....

Thank You!

[brisgirl825]

Originally Posted by Tede

Has paternity been established via DNA or Affidavit of Paternity?

no, neither.

Are there any child support and/or visitation orders?

no, again, neither.....

Thank You!

Then bio-dad has no rights in which to terminate.

Mom has a few choices, all of them difficult ones.

She can either leave things the way they are. Dad doesn't come around, so why rock the boat, so to speak?
She can also file through the courts for DNA testing and child support to establish him as the father. If she were to do that, he may decide to start having a relationship with the child. He would have to be the one to file for visitation, it will not be done in conjunction with CS proceedings. It is a gamble. Of course he may want to continue to stay out the picture and can voluntarily relinquish his rights or mom can do a termination, after a period of time, if the situation were to fall under the definition of abandonment in KY.

How old is the child?


[url]http://library.adoption.com/termination-of-parental-rights/grounds-for-termination-of-parental-rights-kentucky/article/8518/1.html[/url]

[Tede]

So if bio-dad has no rights because paternity has not been established......can mom legally change the childs name to ours?

If not.....in order for me to adopt, will paternity have to be established, and then terminated? As defined by KRS 625.090 and 600.020.....the criteria necessary for termination has been met.....


Thanks......

[brisgirl825]

Originally Posted by Tede

So if bio-dad has no rights because paternity has not been established......can mom legally change the childs name to ours?

If not.....in order for me to adopt, will paternity have to be established, and then terminated? As defined by KRS 625.090 and 600.020.....the criteria necessary for termination has been met.....


Thanks......

Mom will need either dad's permission or the court's permission for a name change. She may certainly file however it is not a guarantee that it will be done. Depending on the age of the child, a judge may take his/her wishes into consideration.

You cannot adopt the child b/c dad has not legally abandoned the child. Failure to establish paternity is NOT a grounds for termination in KY. Failure to maintain contact and failure to provide support are...however since there are no court orders, or even a DNA test saying he is the child's father, your wife's situation does not meet the abandonment criteria.

You really need to sit down with her and explain the options that I have stated here. There is no, legal, backdoor to do this. She must choose how to handle the situation, she has let it go on far too long already.

[LdiJ]

Originally Posted by Tede

What is the name of your state? Kentucky.
I would like to adopt my wife's child. The birth certificate does not list the biological father or anyone for father. She was not married to the biological father. "He" has no involvement in the childs life whatsoever & has never seen the child. How would I go about adopting the child?

You need to get a consult with a local attorney. An adoption is not something that should even be attempted without one.

The child's age will be a significant factor.....and contrary to what you may be told by others, its not always necessary to establish a bio father's paternity in order to terminate it and adopt.....which is why the child's age is significant.