Can a child be adopted without birth fathers consent?
The birth father has made no child support payments at all and has not seen the child since it was a month old. the man who has supported the child would like to adopt but is afraid birth father will constest. so is there anyway to bypass the birth father? oh and i should add the birth father is not on the birth certificate. and there is no leagal documentation stating he is the father.
Answers:
Just because he has made no child support payments doesn't mean that he had ever been ordered to do so by a judge. They would never have awarded child support to you from him if his parental rights had not first been established in court, which would mean that there WOULD be legal documentation stating that he is the father.
I would suspect that since there is no legal documentation stating that he is in fact the biological father, then he would have no legal grounds to contest the adoption. However, if the birth father finds out about it, he can probably request a DNA test, which may or may not be granted depending on the state. If the test confirms that he is the biological father (as you say he is), then he CAN contest the adoption unless he voluntarily terminates his parental rights, which would also relieve him of all child support obligations.
nope not unless you lie
yes, but you have to get a judge to rule on it. The best way to do it is to call a hearing on the matter, and if the birth father fails to show up for the hearing, then you are the de facto winner, and the stepfather can then adopt. If you don't want to involve the birth father at all, then you need to prove to the judge not only that the birth father has had NO part in raising the child, but that the stepfather WILL. And not having his name on the birth certificate doesn't mean a whole lot, because for an adoption to take place, you must state the birth father for the record.
You established his paternity by attempting to collect child support from him. However if he has expressed no interest, he would most likely sign as that ends his obligation to pay child support.
I believe that if the adoption plans are first published in the legal section of the newspaper, then the father is considered informed. DNA will always prove who the father is.
Only if a judge terminates his rights against his will-usually when the father is deemed a 'dangerous' individual. So--here is the GOOD news. If you have a running child support order (where the birth father has accumulated arrears) you can offer to forgive the debt if he terminates his parental rights. It is a great incentive for men with large outstanding child support debts. However, this man who has supported your child--unless you're married--you're going to have a hard time convincing a judge that he should be able to adopt(due to the lack of formal committment). Kudos to him for loving your child as his own ~ good luck!!
Yes you could since the father is listed on the birth certificate as unknown but I would advise you to make it fully legal by taking his parental rights away. If the birth father hasn't shown up for any visitation then it is unlikely he will show up at a court date and it should go smoothly. Then there will be no problems in the future.
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