• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

was adoption legal

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

B

bethro

Guest
A man who had been married for 10 years has an extramarital affair which results in a pregnancy. He tells his wife that he knows of a baby that they can adopt (wife cannot have children). He does not tell his wife that this child is his biological child and she agrees to adopt. They legally adopt the girl and the man doesn't tell his wife the child is really his until his wife has bonded with the child. If wife had known about the child being a result of an adulterous affair she probably would never have agreed to the adoption in the first place. Was this a legal adoption?
 


CMSC

Senior Member
okay, now I need the answer to my first question.:p Who was named as the father in the adoption and who signed away their rights as a father?
 
B

bethro

Guest
Im not familiar with the process of adoption.I know this happened a long time ago and I was interested in finding out
if it was legal because the adulterous biological father of the child
lied to his wife when she agreed to the adoption.Did he have to sign something giving up his rights as the father and then adopt
his own child.Does it affect the legality of the adoption because he
hid the fact the child was actually his?
 

CMSC

Senior Member
The reason I ask is if he had someone else say they were the father then it is paternity fraud! I am not sure how it affects the legality of the child's adoption, since he adopted his own child. What a mess to say the least, how long ago was this?
 
B

bethro

Guest
This happened 50 years ago! Were the adoption laws different then? I am mostly interested in the inheritance rights of the adopted(?) child. Was she legally adopted; or if her father was fraudulent in order to adopt her and signed away his rights as the biological father, is she still legally his? Hard to put something so complex into words. I hope you understand my question!

Thanks
 

CMSC

Senior Member
okay...let me do some research, I have the flu today but I will get back to you soon! If you would feel more comfortable giving details via email you can do that my email is [email protected]
 

CMSC

Senior Member
bethro said:
This happened 50 years ago! Were the adoption laws different then? I am mostly interested in the inheritance rights of the adopted(?) child. Was she legally adopted; or if her father was fraudulent in order to adopt her and signed away his rights as the biological father, is she still legally his? Hard to put something so complex into words. I hope you understand my question!

Thanks
Okay, yes the laws were different back then. But I have no clue how to tell what laws were in effect back then except by going to the adoption laws of virginia and look at them and see when they were ammended and go back as far as the date this child was born...if that makes any sense.


IF dad is still alive, which I am assuming not since you are talking about inheritance, then a DNA test can be done to prove he is dad. I know you can get DNA samples from a corpse but that would be one heck of a legal process I think!:confused:

A few questions:

1.Was this child named in the will?
Because if the child wasn't named in the will then there is no inheritance right anyway.

2.is dad alive?

3. If dad isn't alive is mom so that she can prove the child was her husbands?

4. has this child attempted to get his/her adoption records open to see who signed as dad?
 

CMSC

Senior Member
bethro said:
This happened 50 years ago! Were the adoption laws different then? I am mostly interested in the inheritance rights of the adopted(?) child. Was she legally adopted; or if her father was fraudulent in order to adopt her and signed away his rights as the biological father, is she still legally his? Hard to put something so complex into words. I hope you understand my question!

Thanks
The child is legally his either way...I mean an adoption is legally binding parents to the child and if he was bio dad and didn't sign away his rights I guess he is still legally dad anyway. Geesh, can you ask harder questions?LOL...I am just kidding!:D
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top