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Kuriousonlaws

Junior Member
What is the name of your state? NY

My husband would like to adopt my 9 year old son. My husband and I have been married since my son was 12 1/2 months old.

The bio father has never paid a dime in child support, and has only seen my son twice, once at 4 months old and the other at 6 years old. I am a stay at home mom so 100% financial support including medical and dental insurance has been provided by my husband for 8 years.

Bio father does not deny the child is his, but is not on the birth certificate (he did deny child at time of birth)

The last time I spoke with the bio father he seemed open to the adoption, but that was 3 years ago, and I am not sure whether he would sign for sure or not. I know the bio father is currently in prison, but I am not sure exactly where, I lost track of him a year and a half ago. Bio father has my address and knows how to contact my son but stopped over a year ago.

My questions are, since bio father is not on the birth certificate do we have to go through the DNA process first? Also with absolutely no financial support in 9 years, and the fact that he has had no contact with the child in over a year would it be possible to terminate his rights? I do plan to contact a lawyer but my husband is military and currently serving in Iraq, I am trying to get a general idea of what will be required so that we can get started on the process as soon as he returns home.

Kurious
 


bononos

Senior Member
Kuriousonlaws said:
What is the name of your state? NY

My husband would like to adopt my 9 year old son. My husband and I have been married since my son was 12 1/2 months old.

The bio father has never paid a dime in child support, and has only seen my son twice, once at 4 months old and the other at 6 years old. I am a stay at home mom so 100% financial support including medical and dental insurance has been provided by my husband for 8 years.

Bio father does not deny the child is his, but is not on the birth certificate (he did deny child at time of birth)

The last time I spoke with the bio father he seemed open to the adoption, but that was 3 years ago, and I am not sure whether he would sign for sure or not. I know the bio father is currently in prison, but I am not sure exactly where, I lost track of him a year and a half ago. Bio father has my address and knows how to contact my son but stopped over a year ago.

My questions are, since bio father is not on the birth certificate do we have to go through the DNA process first? Also with absolutely no financial support in 9 years, and the fact that he has had no contact with the child in over a year would it be possible to terminate his rights? I do plan to contact a lawyer but my husband is military and currently serving in Iraq, I am trying to get a general idea of what will be required so that we can get started on the process as soon as he returns home.

Kurious
Track him down in jail and just ask.
If he was up for it before, he should be fine with it now considering he's in jail.
 

brisgirl825

Senior Member
I'm not sure but if he now acknowledges the child as his, then there shouldn't be any need for a DNA test, although states do differ on that.
If you know what state he is currently serving his prison sentence at, you can make inquiries as to which facility he's in. Write him and ask for his consent. According to my atty in Missouri, the papers could be drawn up and sent to the bio parent for signing. If they approve, all he has to do is send them back signed, and won't need to appear at the hearing.


Good luck!!
Sarah
 

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