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  #1  
Old 10-07-2009, 07:51 PM
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Termination of rights before adoption


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

My daughter was born last november (2008) and i havent even spoken to her father since July of 2008. yes, he knows she exists, i told him i was pregnant, but he made it very clear he wanted no part in her life. i did NOT put him on the certificate, and she has my name. i am currently in a relationship and the long term plan is for us to get married and for her to be adopted by him.

my question is, do i have to wait for us to be married/him to be ready to apply to adopt her to terminate his rights, or can i do it now? also, with this amount of time passed, does anyone know if it has to be voluntary or can it be involuntary? thanks!

-Kym
  #2  
Old 10-07-2009, 08:01 PM
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Quote:
Originally Posted by Kymiepoo View Post
What is the name of your state (only U.S. law)? NY

My daughter was born last november (2008) and i havent even spoken to her father since July of 2008. yes, he knows she exists, i told him i was pregnant, but he made it very clear he wanted no part in her life. i did NOT put him on the certificate, and she has my name. i am currently in a relationship and the long term plan is for us to get married and for her to be adopted by him.

my question is, do i have to wait for us to be married/him to be ready to apply to adopt her to terminate his rights, or can i do it now? also, with this amount of time passed, does anyone know if it has to be voluntary or can it be involuntary? thanks!

-Kym
Dad needs to be established legally as Dad before his rights can be terminated.
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  #3  
Old 10-10-2009, 08:22 PM
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re:termination of rights before adoption


so i actually have to go through that whole legal process, or can i just say he's her dad and have him sign paper stating such and move on with life?
  #4  
Old 10-10-2009, 08:26 PM
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Originally Posted by Kymiepoo View Post
so i actually have to go through that whole legal process, or can i just say he's her dad and have him sign paper stating such and move on with life?
If he is a smart man he won't do such a thing. File to establish paternity with DNA testing.
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  #5  
Old 10-10-2009, 08:27 PM
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Originally Posted by Kymiepoo View Post
so i actually have to go through that whole legal process, or can i just say he's her dad and have him sign paper stating such and move on with life?
no - because he's not legally her father at this point. Paternity needs to be established in court before his rights can be terminated.
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  #6  
Old 10-13-2009, 10:17 AM
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Originally Posted by Blue Meanie View Post
If he is a smart man he won't do such a thing. File to establish paternity with DNA testing.


no i'm referring to the man i want to adopt my daughter. not the man who donated sperm to create her.
  #7  
Old 10-13-2009, 11:05 AM
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Yes, you need to be married to the new man before the court will consider allowing him to adopt the child. Speak to a lawyer who is familiar with your state's prcactices on how long that marriage must be before the court will allow the adoption.

And, as mentioned before, you need to have the actual father legally determined before he can give rights to your new beau.
  #8  
Old 10-13-2009, 11:08 AM
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Originally Posted by Kymiepoo View Post
no i'm referring to the man i want to adopt my daughter. not the man who donated sperm to create her.
still..dad will need to be served with paternity, and he SHOULD request a DNA test. no man should ever accept paternity without a DNA test. ever. then once rights are established, then he can give them away.
  #9  
Old 10-13-2009, 11:11 AM
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And DNA will show that new dude is not the father if you try to caim he is.

DER.

Yes you have to be married (for a while), the actual dad has to be located, determined, and agree to the adoption.

Yes it is a whole legal process and you will need a lawyer to do it.
  #10  
Old 10-13-2009, 11:15 AM
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Folks, unless I'm misinterpreting the OP, she wants to have her current boyfriend sign the AOP, thus avoiding a DNA test. In other words, she wants to commit paternity fraud.

Quote:
Originally Posted by Kymiepoo View Post
so i actually have to go through that whole legal process, or can i just say he's her dad and have him sign paper stating such and move on with life?
Quote:
Originally Posted by Kymiepoo View Post
no i'm referring to the man i want to adopt my daughter. not the man who donated sperm to create her.
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  #11  
Old 10-13-2009, 11:21 AM
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Originally Posted by Kymiepoo View Post
no i'm referring to the man i want to adopt my daughter. not the man who donated sperm to create her.
Oh, you mean the FATHER of the child. The man you CHOSE to have intercourse with and CHOSE to become the receptacle of his sperm?
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  #12  
Old 10-13-2009, 11:29 AM
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Originally Posted by proud_parent View Post
Folks, unless I'm misinterpreting the OP, she wants to have her current boyfriend sign the AOP, thus avoiding a DNA test. In other words, she wants to commit paternity fraud.
Yea, that will go over well untill new BF leaves and OP wants child support for the kid who isnt his. Maybe justice can be served then.
  #13  
Old 10-14-2009, 07:14 PM
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Originally Posted by Zigner View Post
Oh, you mean the FATHER of the child. The man you CHOSE to have intercourse with and CHOSE to become the receptacle of his sperm?


and the man who CHOSE to abandon both me and his unborn child when I was 5 months pregnant. in fact... i even went out of my way to let his mother know she was a grandma. since he didnt feel the need to fill her in... and yet... still have heard nothing from him since i was 5 months pregnant. (daughter born 11/23/08...last contact with him was 7/27/08...his mother didnt even know until 9/1/08)

so yeah, i totally want to go seek him out, spend months waiting for a test to say yeah he's the dad, so the man who truly loves and cares about my daughter can actually be her father... that makes a lot of sense...
  #14  
Old 10-14-2009, 07:23 PM
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Quote:
Originally Posted by Kymiepoo View Post
and the man who CHOSE to abandon both me and his unborn child when I was 5 months pregnant. in fact... i even went out of my way to let his mother know she was a grandma. since he didnt feel the need to fill her in... and yet... still have heard nothing from him since i was 5 months pregnant. (daughter born 11/23/08...last contact with him was 7/27/08...his mother didnt even know until 9/1/08)

so yeah, i totally want to go seek him out, spend months waiting for a test to say yeah he's the dad, so the man who truly loves and cares about my daughter can actually be her father... that makes a lot of sense...
well, it is your responibility. regardlees of how you personally feel about it.
  #15  
Old 10-14-2009, 07:54 PM
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Dear; your previous track record on whom to father children with has been, shall we say, awful.

You need to do this the legal way. Establish paternity, file to have his parental rights revoked, marry your current squeeze, establish that you two are legally a stable family, then go for adoption.

Failure to do this can (and often does) turn around to bite one in a tender spot somewhere in the future.
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