Adoption Without the Consent of the Biological Father

[Debbelle]

Can a maternal grandparent adopt her grandchild with mother's consent, but neither father's consent nor awareness - when the father's name is not on the birth certificate? The child was given the adopting last name at birth on the birth certificate (not the mother's or the fathers).

(Unmarried) Father and father's family were involved with the baby before and after it was born. Father was supposed to be at birth, but was not told when. But, was at the hospital afterwards. When he asked about signing the bc, it was told to him that it was already taken care of.

The father didn't know that 1.) he was not named on the bc and 2.) that the child was given a surname different from his or the mother's, until he went for paternity testing to establish cs and visitation 10 months later.

Can the child be adopted by them merely by saying that they don't know who the father is? Would this be legal?

[Mr. Knowitall]

Possibly, depending upon the laws of whatever state is involved. As you ignored the instruction to identify the state, I can't be more specific.

[Debbelle]

Sorry, I didn't mean to leave out the state. It is Ohio.

[Dogmatique]

Sorry, I didn't mean to leave out the state. It is Ohio.

Are you saying that Dad never received ANY notification or service, whatsoever? And Mom KNEW where Dad was the whole time?

Dad needs to speak with an attorney.

[Debbelle]

Dad did not receive notification, and mom knew where he was. It is unclear at this time whether an adoption, an attempted adoption, or planned adoption has taken place - due to the lack of communication mom and her family exhibit. There is, however, indicators (too numerous to present here right now) that point in that direction. And, is being investigated further.

[cyjeff]

If dad has gone for paternity testing and is paying cs, the answer is no.

[Debbelle]

Dad hadn't gone for paternity testing until the child was 10 months (just before their move away). That's when paternity was established. He is not paying cs, because when he went fto csea and had him get the testing, the mother declined support. If an adoption happened, it would have occurred prior to the testing (if it was even possible).

[Dogmatique]

Dad did not receive notification, and mom knew where he was. It is unclear at this time whether an adoption, an attempted adoption, or planned adoption has taken place - due to the lack of communication mom and her family exhibit. There is, however, indicators (too numerous to present here right now) that point in that direction. And, is being investigated further.

If you can't, or won't, share the details it's really impossible to give you accurate information in return.


Dad needs to speak with attorney.

If it's happened, that's one thing. If it hasn't, that's another thing entirely.

[CourtClerk]

Who are you in this story?

[Debbelle]

I am the paternal grandmother. I have been very involved in the baby's life until they moved away without telling us. My son was more involved at first, and less as time went on because of their dynamics with him. He and the baby's mother had broken up 4 months before he knew she was pregnant. It wasn't until she was 7 months along when she called him up and told him.

He went to some of the classes with her, as did I. She was a couple months away from 18,and a little slow. He was supposed to attend the birth, but she and her mother went to the hospital to deliver without telling him. He found out by accident the next day and made it to the hospital shortly after birth. He went for the 3 days she was there. On the last day, he asked about signing the bc and they said that it was taken care of.

And, like I said before, I saw the baby quite a bit, but my son saw him less and less, because being fairly young himself - 20 - and a little behind, they would chastise him and criticize him when he would try to be around a newborn (something he was not used to).

My son had mixed emotions, but did finally go to csea to have paternity established and start paying child support. They were very upset that he went, and threatened that he wouldn't beable to pay and would end up in jail. They declined getting child support. That's when he found out that they gave his son the maternal grandmother's ex-husband's last name (different than the mother or father's). Then they left and moved away without letting us say goodbye or even telling us they were leaving.

The maternal grandmother never showed much confidence in the mother taking care of the baby by herself. So, it wouldn't be that much of a stretch for the grandmother to try to adopt especially since she's getting back with her ex, and it's convenient to have the baby have his name right from the start.

Now that my son went for Visitation, they are very mad and won't talk to us at all. They have it determined in their head that my son is trying to get custody, despite my insistence that it was only Visitation that he was pursuing. She is causing the young mother (now 19 and still in high school) much distress because she is making her think that he's trying to take the baby.

I don't know if they did adopt and are trying to now hide it. But, if that wasn't possible, it sure appears that that is what the plan was supposed to be - until my son ruined it by getting the paternity test.