[levis]

i am married, but was separated when i became pregnant by someone who isn't the father. now we are trying to work things out. the biological father knows about the baby but doesn't seem to want any rights. i am worried if he tries to come back later in life to get rights. is there any thing i can have him sign that would give up his right? should we name my husband as the father on the birth certificate? i live in NY

[levis]

i'm sorry, i meant to say i became pregnant by someone who isn't my husband.

[Lawrence D. Gorin, Atty.]

i am married, but was separated when i became pregnant by a man who is not my husbnad. now my husband and I are trying to work things out. the biological father knows about the baby but doesn't seem to want any rights. i am worried if he tries to come back later in life to get rights.

1, is there any thing i can have him sign that would give up his right?

ANSWER: Yes. Have him sign a consent to adoption form, waiving any and claims of paternity that he might otherwise have, consenting to your husband's adopting the child, and waiving all rights that he might otherwise have to object to such adoption, including notice thereof. Then have your husband file a proceeding to adopt the child.

should we name my husband as the father on the birth certificate? i live in NY

ANSWER: Yes, of course. In fact, you probably won't have any alternative. If you are married to your husband at the time the child is born, your husband is automatically presumed to be the child's father. But since it a rebuttable presumption, best to make it fully legal by having hubby adopt. Once that is done, bio-dad is forever out of the picture.

LDG