Name on Birth Certificate

What is the name of your state? Delaware

A birthmother in another state has contacted us and wants us to adopt her child. We know that in DE it is illegal to have an independent adoption. She suggested putting my husband's name on the birth certificate to work around this. What are the legal issues of this?

Let's see, you could end up someday with the biodad showing up claiming his parental rights (and proving them via a dna test) and losing your child to him, as he would not have legally relinquished his rights.

The mom might keep the baby and try to force your husband to pay CS.

I would never risk doing an adoption in any way that was not 100% legal and enforceable!

The birthmother is not sure who the father is. There are two possibilities and they are both willing to relinquish their rights; however, we are in a state that does not allow independent adoptions and we don't want to spend the money on needless services.

What is the best way to handle this situation? The baby is due in about 8 weeks. We don't have a lot of time, nor do we want the baby to go into foster care, as the birthmother wants me in the delivery room and I plan to nurse the baby from birth (which would not work if the baby were not with us, obviously).

I'd like to hear more about the laws regarding my husband's name on the birth certificate (possibly from a lawyer?) as well as from others who have had to have a "directed agency adoption".

Can you go there and have the adoption done through her state- legally? I know a number of adoptive parents (myself included) who have travelled to accomplish the adoption. Have you at least talked to an attorney? Do you have a home study done or started? Have you started to put your dossier together? Where are you in your paperwork prep?

You will be in big trouble if you do this! It is called paternity fraud! Also good luck convincing a hospital when your husband goes to sign the birth certificate, that he is the dad...they are going to think something is kind of fishy.
Oh and if your husband signs the birth certificate he won't be adopting, you will and you will need an attorney and an attorney is going to want to know how you and your husband got into this situation of another woman having his child.