do we need to involve bio-dad

[LdiJ]

I do know of several adoptions....in more than one state.......where the child had no legal father......and the adoption was able to happen without first establishing the bio-dad's paternity. No fraud occurred either which could have potentially invalidated the adoption.

However, in all of those cases the bio-dad was no where to be found.

 

[stealth2]

Please.

I am in a similar situation and I got LEGAL ADVICE, and this is what they told me, that f my child's father did not step up and claim his child by establishing paternity and putting his name on the BC, then he would have no rights to her as they would consider it abandonment if he tried to come forth and claim the child after that.

But most deadbeats care about themselves and not the child!

Are you in the same state as the OP, and did you get this "legal advice" from an attorney licensed in your state who was presented with ALL of the relevant facts?

 

[BelizeBreeze]

i don't need to start my own thread. thanks for the advise though
i like it here just fine.
lol

Either remove your idiotic post, come back and post the contact information for this attorney or risk losing your membership priviledges.

NOW do you get it?

 

[haiku]

I do know of several adoptions....in more than one state.......where the child had no legal father......and the adoption was able to happen without first establishing the bio-dad's paternity. No fraud occurred either which could have potentially invalidated the adoption.

However, in all of those cases the bio-dad was no where to be found.

In a quite a few states if it is an unwed situation, only the mother needs to give consent. the adoption is still publicized to give notice to potential fathers of the pending adoption.

 

[nextwife]

State Statutes Search Results: Pennsylvania

http://naic.acf.hhs.gov/general/legal/statutes/search/searchresults.cfm

Summaries of state statutes (and full text of laws, in some cases) are provided below. To find information for another state or statute, return to the State Statutes Search.

Consent to Adoption
Who Must Consent to an Adoption
Citation: 23 Pa. § 2711

* The parents or surviving parent
* The guardian or custodian of an incapacitated adopted person
* The husband or former husband of the natural mother, unless there is proof that he is not the natural father

Age When Consent of Adoptee is Considered or Required
Citation: 23 Pa. § 2711
A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Citation: 23 Pa. §§ 2713; 2714; 2511

* The adopted person is age 18 years or older, or has no living parent whose consent is required.
* The parent of a newborn fails to maintain contact for 4 months.
* The child was conceived as a result incest or rape by the father.
* Parental rights have been terminated.
* The mother's husband is not the natural father of the child.

When Consent Can Be Executed
Citation: 23 Pa. § 2711(c)

* Consent may not be executed until at least 72 hours after the child's birth.
* A putative father may execute consent at any time after receiving notice of the expected or actual birth of the child.

How Consent Must Be Executed
Citation: 23 Pa. §§ 2503-2504; 2711(d)

* The birth parent must file a petition with the court requesting permission to relinquish his or her parental rights to the child.
* Upon petition by an intermediary, or the adopting parent where there is no intermediary, the court shall hold a hearing to confirm consent.
* The consent shall include the name, age, and marital status of the petitioner, the relationship of the consenter to the child, and the name of the other parent.
* Consent shall also include the date and place of its execution, and the names, addresses, and signatures of at least two witnesses and their relationship to the consenter.

Revocation of Consent
Citation: 23 Pa. § 2711(c)

* The birth or putative father's consent is irrevocable unless revoked within 30 days after the child’s birth or the execution of consent, whichever occurs later.
* The birth mother's consent is irrevocable 30 days after execution.
* A person may challenge the validity of a consent only by filing a petition alleging fraud or duress, within the earlier of:
o 60 days after the birth of the child or the execution of consent, whichever is later
o 30 days after entry of the adoption decree


Does State have a Putative Father Registry: No
Registry/Paternity Requirements to Receive Notice
Citation: 23 Pa. §§ 2513; 5103

* At least 10 days notice of a termination proceeding shall be given to the putative father if he has filed a claim of paternity prior to the institution of proceedings.
* The putative father of the child must complete Department of Public Welfare form.
* If the mother's consent is not given, the putative father is entitled only to notice of termination proceedings.

http://naic.acf.hhs.gov/general/legal/statutes/search/searchresults.cfm

Not addressed in statutes reviewed
Revocation of Claim to Paternity
Citation: 23 Pa. § 5103

* The putative father may rescind acknowledgment of paternity within the earlier of the following:
o 60 days
o The date of an administrative or judicial proceeding relating to the child
* After the expiration of 60 days, an acknowledgment of paternity may not be rescinded, but may be challenged in court only on the basis of fraud, duress, or material mistake of fact.

On a side note: My daughter's Bulgarian adoption did NOT require that any father be named or legally established. Not that that has any relevance. . She had to be in the orphanage systerm at least one year before becoming legally available for adoption.

 

[lcronk03]

belieze- I have been this thread since the beginning and am wondering the same thing. I was told that if there is no name on the birth cert. that my B/F could sign an affidavit of paternity and have his name on the birth cert. but it would caost a fee to change the last name of my son. Please correct anything I have said if it is wrong, I only heard this from the grape vine. CAn I ask how u are so educated in this subject also- just curious. I think that your info has been very informative. The only differnce in my case is that the bio father does not know he is the father and I will not didclose this to him even though he suspects, but my b/f has been there since the beginning and is the only father my son knows and is the father of my two other children. The bio father lives in a diff. state also.

 

[rmet4nzkx]

belieze- I have been this thread since the beginning and am wondering the same thing. I was told that if there is no name on the birth cert. that my B/F could sign an affidavit of paternity and have his name on the birth cert. but it would caost a fee to change the last name of my son. Please correct anything I have said if it is wrong, I only heard this from the grape vine. CAn I ask how u are so educated in this subject also- just curious. I think that your info has been very informative. The only differnce in my case is that the bio father does not know he is the father and I will not didclose this to him even though he suspects, but my b/f has been there since the beginning and is the only father my son knows and is the father of my two other children. The bio father lives in a diff. state also.

Please start your own thread with your own question and facts.

 

[LdiJ]

State Statutes Search Results: Pennsylvania

http://naic.acf.hhs.gov/general/legal/statutes/search/searchresults.cfm

Summaries of state statutes (and full text of laws, in some cases) are provided below. To find information for another state or statute, return to the State Statutes Search.

Consent to Adoption
Who Must Consent to an Adoption
Citation: 23 Pa. § 2711

* The parents or surviving parent
* The guardian or custodian of an incapacitated adopted person
* The husband or former husband of the natural mother, unless there is proof that he is not the natural father

Age When Consent of Adoptee is Considered or Required
Citation: 23 Pa. § 2711
A child 12 years of age or older must consent to the adoption.
When Parental Consent is not Needed
Citation: 23 Pa. §§ 2713; 2714; 2511

* The adopted person is age 18 years or older, or has no living parent whose consent is required.
* The parent of a newborn fails to maintain contact for 4 months.
* The child was conceived as a result incest or rape by the father.
* Parental rights have been terminated.
* The mother's husband is not the natural father of the child.

When Consent Can Be Executed
Citation: 23 Pa. § 2711(c)

* Consent may not be executed until at least 72 hours after the child's birth.
* A putative father may execute consent at any time after receiving notice of the expected or actual birth of the child.

How Consent Must Be Executed
Citation: 23 Pa. §§ 2503-2504; 2711(d)

* The birth parent must file a petition with the court requesting permission to relinquish his or her parental rights to the child.
* Upon petition by an intermediary, or the adopting parent where there is no intermediary, the court shall hold a hearing to confirm consent.
* The consent shall include the name, age, and marital status of the petitioner, the relationship of the consenter to the child, and the name of the other parent.
* Consent shall also include the date and place of its execution, and the names, addresses, and signatures of at least two witnesses and their relationship to the consenter.

Revocation of Consent
Citation: 23 Pa. § 2711(c)

* The birth or putative father's consent is irrevocable unless revoked within 30 days after the child’s birth or the execution of consent, whichever occurs later.
* The birth mother's consent is irrevocable 30 days after execution.
* A person may challenge the validity of a consent only by filing a petition alleging fraud or duress, within the earlier of:
o 60 days after the birth of the child or the execution of consent, whichever is later
o 30 days after entry of the adoption decree


Does State have a Putative Father Registry: No
Registry/Paternity Requirements to Receive Notice
Citation: 23 Pa. §§ 2513; 5103

* At least 10 days notice of a termination proceeding shall be given to the putative father if he has filed a claim of paternity prior to the institution of proceedings.
* The putative father of the child must complete Department of Public Welfare form.
* If the mother's consent is not given, the putative father is entitled only to notice of termination proceedings.

http://naic.acf.hhs.gov/general/legal/statutes/search/searchresults.cfm

Not addressed in statutes reviewed
Revocation of Claim to Paternity
Citation: 23 Pa. § 5103

* The putative father may rescind acknowledgment of paternity within the earlier of the following:
o 60 days
o The date of an administrative or judicial proceeding relating to the child
* After the expiration of 60 days, an acknowledgment of paternity may not be rescinded, but may be challenged in court only on the basis of fraud, duress, or material mistake of fact.

On a side note: My daughter's Bulgarian adoption did NOT require that any father be named or legally established. Not that that has any relevance. . She had to be in the orphanage systerm at least one year before becoming legally available for adoption.

After reading this, it doesn't appear that bio-dad's consent would be needed at this point...nor would it be necessary to establish paternity before terminating his parental rights.