step-parent adoption?!! Very sad situation.

What is the name of your state? Georgia
My fiancee has a child from a previous "relationship" (no marriage). He has record of where he tried to pay CS, but the mother refused it; however, she has kept b-day gifts sent. He is the biofather, but she would not allow him to see the child b/c she became involved in a relationship 2wks after the birth. Now she is married to this man and he (bio) just recieved paper work where he (step-parent) is trying to adopt the child (4 yrs. old). He (bio) hasn't seen the child since she was 6 mo old, but NOT BY HIS CHOICE; the mother would not agree to it. If he does not consent to this adoption what will happen? Can he just state the he will not give up his rights, and the adoption process end? He doesn't have the $ for a big fight; she does. He is not an unfit father; and if the adoption does go through, is Ga. a state that recoginizes "grandparent rights" in this situation? Also, if the adoption goes through can they later remove the biofather's name off the birth cert. & replace it with the step-parent's? Does he actually have to appear in court or go to the lawyer's office to sign, or can he just "not reply" if he decides not to intervene. He loves his child, but he is afraid of interferring in her life; she's only 4 and calls someone else "daddy"; she wouldn't understand. (SAD)

I'm not a lawyer, but I'm almost finished with the adoption process of my stepson and I've had to learn a lot - the hard way. I'll try to answer some of your questions.

I think the first issue is to have paternity established within the court system. This will make a difference in the hearings. If your fiancee has not legally been determined to be the father, he can demand a paternity hearing, a paternity test, and possibly ask for visitation.

The court will do whatever is in the best interest of the child. If your fiancee has been proven to be the father, he will have to explain to the judge why he never went to court to establish visitation, custody, support, etc.

If he does not wish to consent to the adoption, the stepdad will have to ask the court to terminate your fiancee's parental rights. I imagine he will ask that the child be declared abondoned.

If his rights are terminated, then the rights of his entire family are also terminated. No father equals no grandparents. The fiancee becomes nothing more than a stranger in the eyes of the court.

When an adoption becomes final, a new birth certificate is issued with the new father as the biological father. All adoption records are sealed.

In Indiana, if the biodad refuses to answer the petition to adopt within 30 days, then his consent is irrevocably & permanently implied. Meaning - if he does "not reply" - he loses. Plain & simple.

A big court fight is expensive, but a consultation is not. I suggest you visit a good family lawyer and see what your chances are and how you should proceed.

My story is a lot like yours, only I'm the step dad, not the biodad.

Good luck. Scott