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I want to adopt my stepdaughter but have no clue where to start. We live in San Diego. My daughter does not have the fathers name listed on the birth certificate. I think this makes things easier, I hope. Can someone please help us? We would prefer to not go through an agency too. We would like to do this ourselves.
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Brentbull, No, having no father's name on the birth certificate does not make anything easier. In fact, it could make it more difficult! Courts recognize that children have fathers whether or not the birth certificate lists the man's name or not.
The child's mother will need to state who the father is, and give any contact information she has on him. Your lawyer can then contact him and attempt to get a voluntary release.
(IF at this point he claims he never knew, or claims the child isn't his, etc is when it gets sticky in a way that it wouldn't be if he had acknowledged paternity at the birth by signing the birth certificate.)
But with any luck he'll volutarially sign away his rights/responsibilities, and your adoption will proceed normally. If he's willing to sign right away, you *may* be able to complete the adoption without a lawyer - saving considerable money.
If the father's name is truly unknown (she was raped, or passed out drunk for example) then there are ways of terminating an "unknown" birth father's rights through the courts - your lawyer can explain those. You will definately need a lawyer if you have to go this route. Same with if the birth father refuses to sign away his rights - a lawyer would be necessary to take him to court and prove abandonment or whatever else would convince the court to allow the adoption in spite of his protests.
Just do NOT let the child's mother fib and claim he's "unknown" if he really isn't - birth fathers can re-enter the picture years later and overturn the adoption as well as get visitation and such based soley on this fraud. Good luck!
tinkerbell 5702 - No, once a "child" is 18 the parents' agreement is not necessary for the "child" to be adopted by someone else of his/her own choosing. Birth father's agreement or permission is not needed once the child is 18.
BUT - if there is an agreement for any sort of child support beyond that age, like financial assistance for college or keeping the "child" on his health insurance, those benefits will cease at the time of the adoption.