adoption

What is the name of your state? ohio, i was wanting to find out i had asked a few lawyers in my town ,when my husband adopts my daughter with her father not being in her life does a notifacation have to be put in the papers it has been almost 8 years since he has had anything to do with her,my husband now is the only dad she knows.

No, if he's personally served, you do not need to publish a legal notice.

"when my husband adopts my daughter with her father not being in her life does a notifacation have to be put in the papers it has been almost 8 years since he has had anything to do with her,my husband now is the only dad she knows."
*** Ohio requires permission from both of the childs bio-parents before allowing the adoption. However, if the other parent is unknown, Ohio is unusual in that it has a 'Putative Fathers Registry' that must be reviewed.

There is a good document detailing the procedure for step-parent adoption in Ohio and can be found at:
http://www.probatect.org/services/instructions/pdf/step-ParentAdoption.pdf

Also, for a funny story on this (very questionable) registry, go to:
http://adoption.about.com/library/weekly/uc-putative.htm

Wow! Great article, JETX. Like he said, if the mom visits Aunt Minnie before delivery and places the child for adoption in a different state, the "putative registry' has squat legal impact in protecting the biofather's rights.
__________________________________________________

OT Parental Termination elsewhere:

FYI- For my daughter's international adoption, the biomom voluntarily relinquished her legal rights and left her at the orphanage a few weeks after birth. No father was ever named, and no TPRs ever needed. After she was in the orphanage for one year, she became "legally available" for international adoption once she had been "rejected" by five potential Bulgarian Adoptive families. Very few children with any physical abnormality or any hint of Romani parentage (my daughter had both, she was cross-eyed, had some minor hearing problems and is likely at least part Gypsy) are ever adopted by Bulgarian families.

So, once they are legally available they can be "referred" to a potential adoptive family who is not Bulgarian. Then you immediately travel to FIRST meet the child and begin the adoption process. You meet them, LEAVE them at the orphanage and return to the US, and submit your dossier. Then the orphanage director signs off, approving the potential parents and the dossier sits at the Minister of Justice (or Health) until they eventually sign off and pass it on. Eventually, an area court hears it, and if approved, the decree does not become signed and final until a two week publication period for contesting the adoption (almost NEVER happens) is provided. If there is a biofather who thinks he wants rights, he can come forward then, but the judge will often grant the adoption anyway. Reason being, if a kid is already two and the dad left them to stagnat in the orphanage all this time he isn't presumed to be looking out for the child's welfare. Our process took 10 months from meeting trip until she came here. And I understand the entire process was just changed.

i had heard that when the notification is put in the paper the bio-father has that amount of time to come forward if he doesnt then he moreless gave up his rights is that true?

Published notification is almost a last resort. It is used only when the parent cannot be located.
You are correct - once the notice is published, the parent has a set amount of time to respond. If he doesn't answer (or doesn't see it), then the court assumes that his consent is implied and that he doesn't want to fight the adoption. If he finds out about the adoption months later - it's too late for him to do anything about it.

ok so is it also true that if he hasnt been in her life for over a year that he can not contest to the adoption.i was also told by a local lawyer from where i am from that the notification doesnt have to be published if it has been so long since he has had anything to do with her,is this true?

The state has to attempt to find the father, no matter how long it has been.
In Indiana (don't know about Ohio), if he has not had contact with the child in over a year, you can file to have his rights terminated. He has the right to fight the termination, although he will have a hard time winning since he has abandoned the child.
Any way you want to look at it - the biological father has to be notified.

Chick, in all candor, you are dealing with an issue that should not be handled lightly. There are numerous trips and hazards that could encumber this 'plan' and we simply cannot advise you about all of them 'long distance'. For example, your posts say nothing about whether you know WHO the father is, or where the father is. Simply, if you know who and where, then you MUST notify him of your intentions. The 'notice by publication' is only allowed if you don't know how to contact him.

Also, if you were to use 'notice by publication' and not do it correctly, then he can come back after the fact and take you to court.

I strongly suggest that if this is as important to you as it should be, contact a local attorney and get it done right, rather than to rely on any of us giving opinions or advice based on only part of the facts.

i live in Ohio, my ex lives in a different state. I found an awesome attorney who knows the law. I have talked to at least 8 before I decided to go with my current one.
My ex was jumping from state to state and I was not certain of his whereabouts. My attorney ran his social security number and found his current address. I also went through US Search.com and spent the 9.95$ to locate him. The same address appeared. My lawyer advised me to contact any relatives of his in an attempt to verify this address or find a current one. He sent a certified letter to this address. If, it comes back to him unsigned, then we will publish in the local paperif the judge thinks it is necessary. I have to show the courts that I have made every effort possible in finding him. I did contact family members and I have phone bills to show that. They did verify the town in which he is living and said he does pick up his mail at the address I located. One of his relatives is prepared to sign an affidavit that this is, to their best knowledge, his current legal address.
Make sure you can prove, beyond a shadow of a doubt that you have made every effort available to you in the attempt to find your ex. My lawyer will present all proof that we have made every effort in locating my ex. It will still be up to the judge to decide if all measures have been taken to locate.