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We are from Maryland..currently we are in a hopeful adoption situation.The problem is the possible biological birthfather...he has not signed or consented to the adoption.At one point he already has been served papers,which he mailed in and is contesting the adoption.Then a couple months later he had us re-draw up the adoption papers saying he was signing over his rights...unfortuntely this was never done according to the courts...so it still shows as he is contesting the adoption.We have had this beautiful angel since birth...the baby is now 5 months old.We are currently awaiting a court date as to what is going to happen next.I have a few questions if anyone could possibly help us out or has been in a similar case. Since this birthfather knows of the adoption..wouldn't he be responsible for first a dna test? (which has not been done) couldn't he have already petitioned the court for some kind of legal action if he really wanted this baby...I mean 5 months is a long time to just wait..I am not sure of his responsibility in all of this.He has not paid any support at all to the birthmom..he was aware of the pregnancy and of the adoption.We of course have instantly fell in love with this angel...this baby is our whole world!! Its amazing to me how long this can drag out..We have no idea what his intentions are he seems to waiver back and forth.While we can only imagine the extremely emotional decision this must have on him...We feel that 8 months of the birthmom's pregnancy plus 5 months of us having this baby...the time is just going on..We pray everyday that this baby can remain with us forever....please if anyone can give us some advice we would greatly apprecaite it!!! Keep us in your prayers ..we so desperately need them!
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Stacy,
In most states, a paternity test is required only if paternity is challenged by someone - namely, the biological mother, another possible biological father and in adoption, the prospective adoptive parents.
Since he is contesting the adoption, one of the first challenges that would be made is usually this paternity test (unless he is a legal parent - married to the biological mother). The burden is on him to prove paternity upon challenge. Once paternity is established, then this proceeds as a custody case. Laws are different in every state, so please follow your attorney's guidance.
Best of luck.
Regina