My child’s father didn’t sign her birth certificate . But my husband wants to adopt her and sign it do I have to go about getting the biological dad to relinquish rights or does he not have any because he didn’t sign the birth certificate
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You need to try to locate the biological father and have him relinquish his rights. Look up the process for your state. If he does not respond within X amount of time as determined by law, then you can visit a family law attorney who can set up the stepparent adoption papers. Six to twelve months after a judge approves them, you will receive a modified birth certificate with your husband as the legal father. He will have all rights of parenthood, including the right to pursue custody in a divorce.
The biological father has rights whether he signed the certificate or not. For your husband to adopt, you must either get biodad to sign his rights away voluntarily, or else have the courts terminate his rights. An attorney can help you with the latter.
If your husband signs the birth certificate, that’s fraud. He must go through the legal adoption process. Contact a family law attorney in your state to get the process started.
Keep in mind that if he adopts, he’ll remain the child’s father even if you divorce. In a worst-case scenario, he could end up with custody, and you could be the one paying child support. So make sure adoption is what’s best for your child before you proceed with this.
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Absence of a name on a Birth Certificate does not mean he does not exist. Yes, the father of a child needs to give consent to another man adopting his child.
This or a similar question keeps appearing on here. I am not sure why because no matter how often it is asked the morality of such an issue does not change.
The answer is and will always be this would be immoral, illegal and totally wrong. The child will hate you for it when not if they find out.
It might help to give a couple of details:
Is there anybody mentioned as father on her BC?
Has family-life been established between bio-father and child?
What age is your child now? When did you marry?
Most Important: Which jurisdiction(s) involved?
In the old days you could do that. Now they have DNA testing.