Step parent adoption, no father's name on birth cert...

[cookyspooky]

What is the name of your state? Florida

I just got married, and my husband would like to adopt my son. My son's biological father is not in the picture, his name is not on the birth certificate (no fathers name is) and he has no desire to be involved in any way. When I was pregnant I went on welfare for 3 months. They attempted to locate the bio father to no avail. I no longer have any valid contact info for him.

My questions:

Can we just add my husband's name to the birth certificate? Is this legal? Will the state try to collect the welfare I received while pregnant from my new husband if we do this? They stated they would do that if they found the bio father.

If we can't just add him on, how do we go about step parent adoption? Isn't consent required from the bio father? How do we begin if we can't locate him?

My husband works outside the country (he is a US ctizen) so most of this will need to e done via mail, if that matters.

Thanks in advance!

Wendy

 

[Silverplum]

What is the name of your state? Florida
I just got married, and my husband would like to adopt my son. My son's biological father is not in the picture, his name is not on the birth certificate (no fathers name is) and he has no desire to be involved in any way. When I was pregnant I went on welfare for 3 months. They attempted to locate the bio father to no avail. I no longer have any valid contact info for him.

My questions:

Can we just add my husband's name to the birth certificate? Is this legal? Will the state try to collect the welfare I received while pregnant from my new husband if we do this? They stated they would do that if they found the bio father.

If we can't just add him on, how do we go about step parent adoption? Isn't consent required from the bio father? How do we begin if we can't locate him?

My husband works outside the country (he is a US ctizen) so most of this will need to e done via mail, if that matters.
Thanks in advance! Wendy

This q is asked and answered dozens of times per week. This is one of the usual answers: Do a search on this site for Florida stepparent adoption. Read up on the topic. Then ask questions about what you don't understand. You WILL need an adoption attorney.

 

[cookyspooky]

I assure you I have done my homework.

I searched over 200 posts in this forum, and the state statutes for my state, but there is NO mention of whether we can just add his name on the certificate. I did find lots of information on what is considered due dilligence to locate the biofather (have NO information,though) and understand that process. I am very aware of the procedure for standard step parent adoption.

I even searched the forums for the keywords "birth certificate" and only pull up stuff on trying to change names, whether the father HAS to be on... nothing directly answering my question aout adding a father's name 3 years later...

I am trying to avoid having to see an adoption attorney as my husband leaves for the middle east in 2 weeks and won't be back for 2 years. I would like to have my son's name changed before he satrts kindergarten. Can you at least POINT me to a post that will help, since I can't seen to find one?

 

[nextwife]

I assure you I have done my homework.

I searched over 200 posts in this forum, and the state statutes for my state, but there is NO mention of whether we can just add his name on the certificate. I did find lots of information on what is considered due dilligence to locate the biofather (have NO information,though) and understand that process. I am very aware of the procedure for standard step parent adoption.

I even searched the forums for the keywords "birth certificate" and only pull up stuff on trying to change names, whether the father HAS to be on... nothing directly answering my question aout adding a father's name 3 years later...

I am trying to avoid having to see an adoption attorney as my husband leaves for the middle east in 2 weeks and won't be back for 2 years. I would like to have my son's name changed before he satrts kindergarten. Can you at least POINT me to a post that will help, since I can't seen to find one?

Just adding his name is FRAUD. You picked the father when you had the child. Now, your husband needs to ADOPT if he wants to become dad to a child NOT biologically his. Just putting someone on a birth certificate because you like them better as a dad is FRAUD. It is lying on a legal representation. When a person wants to become a parent to a child who is NOT their biochild, they need to adopt, so the forever geneological record is correct about bioparentage. An adopted child's birth certificate is not proclaiming to future generations that the legal parent is the bioparent- it is a certificate of facts about LEGAL parentage and does NOT proclaim a LIE and state that the adoptive parent is the bioparent..

And, if you simply add hubby as dad, and had received state assistance, hubby will get stuck footing the bill for the state aid you received.

 

[moburkes]

Yep, fraud. Not sure how you missed THAT one.

 

[cookyspooky]

Wow, that is very informative. Thanks.

I never stated that I wanted to add him because he was a better dad, so please don't put words in my mouth. He is my husband and the only dad OR father my son has ever known. I asked this question because I saw in my research that a new birth certificate was issued after adoption. I wasn't aware that it was a totally different document, as it is called the same name, and looks exactly the same. I asked for clarification, and what the rules were.

I tried avoiding the details, but because your comments were so assumptive, I will explain.

My son is the product of date rape. His biofather has yet to be found and therefore still has to be questioned (technically he hasn't been charged yet, disgusting as that is) but he has not been located with the limited information I had for them. It was a "friend of a friend of a friend" type of situation, and it was the first time I met the guy and was NOT consensual. I did NOT "pick the father". I'm sure in the adoption proceedings his will allow us some leeway with getting biodad consent.

I don't know why I'm even bothering to explain. I know this doesn't change your statement but even if I had all of his info I wouldn't add biodad to the certificate considering the circumsances.

Please keep your accusations, assumptions and elitist attitude to yourself. I thought this site was to help people understand the law, not accuse them of intending to break it.

I'm curious, though, how this works in situations where paternity is assumed because of marriage? I hate to think of how many people are committing that FRAUD. Oh, the terrible woes that will befall future generations because of their assumed lineage... sheesh. Lineage has been corrupted since the beginning of it's documentation. Genealogical records are a joke. Yours must show that you're 12th cousin 37 times removed from something you're proud of. Go you. Do you have your father's eyes?

Thanks for your HELP and for reinforcing my general disgust with the human race. I'll find advice elsewhere.

Wendy

 

[moburkes]

It is not considered fraud when a child is born to a married woman, but the bio father is not the husband. That is a matter of law. It is fraud, however, to put a person who is not the bio father and/or is not the husband at the time of conception/birth (depending upon the state) on the BC.

 

[cookyspooky]

Thank you for actually answering my question.

 

[moburkes]

Thank you for actually answering my question.

Your question was answered the first time, hon. The elaboration was in response to your additional questions.

 

[cookyspooky]

Actually it wasn't, I still haven't been directed as requested. As for my last response, it was sarcasm. Nevermind. I'll go somewhere else as I stated before.