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  1. #1

    Default How Can My Husband Adopt My Daughter when Her Biological Father is Unknown

    My question involves adoption law for the State of: Oklahoma
    I am wanting to do a step parent adoption for my daughter so that no issues are caused later down the road. I do know who my daughter's father is, it was a one night stand. He knows about her, but refuses to be a father and also refuses to sign over his rights. However, since he resides in another state and is in the military I am doubtful that I will ever see him again. My husband and I have been best friends for years and began dating while I was pregnant. HE was there at my daughter's birth, and the nurse asked me who the father was and when I told her I did not know she said I could put him on the birth certificate but I did not do so at that time. WE got married when she was three weeks old and he signed an acknowledgement of paternity putting himself on her birth certificate, but I have been told this would not hold up in court should the birth father decide to show up. I do not want this man deciding to come in later and put my daughter's life in an uproar after being raised up with my husband as her father. My husband provides 100% of her support, housing, food and all. We have now been married 3 months.
    How do I proceed from here? Can I have him adopt her with the biological father being unknown since he refuses to be involved or to sign over his rights? Or will I have to file abandonment? He is in boot camp right now and will be heading overseas soon so I do not even know how to contact him now but he told me from day 1 to give her away that he didn' want her.

  2. #2
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    Default Re: Oklahoma: How Can My Husband Adopt My Daughter when Her Biological Father is Unkn

    If your husband signed the AOP, he's already the child's legal father. No adoption is necessary. Yes, it will hold up. Who told you that it wouldn't?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  3. #3

    Default Re: Oklahoma: How Can My Husband Adopt My Daughter when Her Biological Father is Unkn

    There's no NEED to consider adoption - your husband is ALREADY the child's legal father, even though technically his signing of the AOP was an act of fraud, since you both knew that this was not his child. As it stands today, there's no need to do anything - the biological father doesn't even exist, in a legal sense, much less have any rights to sign over OR exercise.


    I do not want this man deciding to come in later and put my daughter's life in an uproar after being raised up with my husband as her father.
    Unfortunately, we can't promise you that this can't happen. Thanks to the fraud, the actual father MAY be able to challenge paternity at a later time, should he desire to do so. However, the longer the period of time that goes by, the lesser the chance that the court would consider making a change to be in the child's best interest, even if the bio father shows up and is proven to be the actual father. However, being in the military, him doing so would have negative consequences on him - such as being held accountable as the child's father, having to pay child support, etc. So if he's willing to let sleeping dogs lie, you can too.
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  4. #4

    Default Re: Oklahoma: How Can My Husband Adopt My Daughter when Her Biological Father is Unkn

    No one told me that it wouldn't hold up, and my husband has insisted that it would. I am just worried for my daughter's sake. I don't want her world turned upside down when she is too young to understand anyof this. I have been having nightmares that her biological father will step in and try to take her away, I asked the question for reassurance.

  5. #5
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    Default Re: Oklahoma: How Can My Husband Adopt My Daughter when Her Biological Father is Unkn

    Quote Quoting myrainysanctuary
    View Post
    No one told me that it wouldn't hold up, and my husband has insisted that it would. I am just worried for my daughter's sake. I don't want her world turned upside down when she is too young to understand anyof this. I have been having nightmares that her biological father will step in and try to take her away, I asked the question for reassurance.

    He still has the right to do that.

    You basically committed paternity fraud.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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