Unusual story

What is the name of your state? Texas.

I married someone while I was pregnant with another man's child. My husband at the time knew the situation and said he wanted to adopt my son. After we married and my son was born, he changed his mind. It was harder than he expected. We had my son's BIO fathers rights terminated, so he has no access or rights to my son. However, my ex never adopted him, so technically, he has NO father. But, my ex husbands name is on his birth certificate, even though he isn't his bio father... Now I'm getting married again and my fiancee wants to adopt my son after we marry. Can we do this? Do we need the consent of my ex husband even though he's not the bio father??? HELP Please! I'm so stressed and confused!

Since your ex-husband's name is on the birth certificate, the state sees him as the legitimate father.

His rights will have to be terminated.

Since he wants nothing to do with the child, you will ask the court to terminate those rights, and give your consent to the adoption by your new husband.

Don't stress about it too much. It will take a while to get through the courts, but you shouldn't have any trouble.

Good luck.

Unusual situation

But, if we had done a paternity test to begin with, then we wouldn't have to terminate his rights correct? It sounds like it will be costly to do all of this. Thanks for answering me though.

One more thing... In our divorce decree it gives me sole custody. Does that make a difference??? He does not see him and has never paid child support.