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Can Bio Father File for Paternity After Child Has Been Adopted

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  • 09-22-2010, 04:34 PM
    e.woods
    Can Bio Father File for Paternity After Child Has Been Adopted
    My question involves paternity law for the State of: CA

    Mother and bio father never got married. Bio father's name is not on child's birth cert. Child is 6 months. Bio father knows it's his child, but never filed anything. Mother later on marry or no marry, husband/boyfriend adopts the child...

    - How long generally does it take to adopt a child in CA in cases like this?
    - Can bio father file for visitation, CS, etc. after the child is legally adopted by the husband/boyfriend?
    - Will mother's then marital status (marry or not to the adopting parent) make any difference in respons to bio father's filing?
    - Will child's age (if bio father doesn't file now but later) make differece in bio father's filing? if so, at what age specifically in CA will it make a difference?

    Thank you.
  • 09-22-2010, 04:41 PM
    Mr. Knowitall
    Re: Can Bio Father File for Paternity After Child Has Been Adopted
    So you're stating that an adoption is pending, and the biological father has notice of the adoption. If the biological father wants to oppose the adoption, the biological father should oppose the adoption. He is free to assert his paternity and attempt to gain parental and visitation rights. If he chooses not to establish his parental rights before the adoption is complete, he will not have any rights in relation to the child.
  • 09-22-2010, 04:42 PM
    Xena
    Re: Can Bio Father File After Child Has Been Adopted
    Quote:

    Quoting e.woods
    View Post
    My question involves paternity law for the State of: CA

    Mother and bio father never got married. Bio father's name is not on child's birth cert. Child is 6 months. Bio father knows it's his child, but never filed anything. Mother later on marry or no marry, husband/boyfriend adopts the child...

    - How long generally does it take to adopt a child in CA in cases like this?
    - Can bio father file for visitation, CS, etc. after the child is legally adopted by the husband/boyfriend?
    - Will mother's then marital status (marry or not to the adopting parent) make any difference in respons to bio father's filing?
    - Will child's age (if bio father doesn't file now but later) make differece in bio father's filing? if so, at what age specifically in CA will it make a difference?

    Thank you.


    First- the mother will have to marry.
    Once she is married, she will have to be married for at least 1 year before filing for a step-parent adoption.

    Then when she files, she HAS TO legally notify the bio-father and either get his consent for the adoption, or get a court to order the adoption over the bio-father's wishes.

    IF all of the prior is done, and an adoption is finalized, no, the bio-father would not be able to file for anything, absent any fraud.

    Until an adoption is legally finalized, the bio-father has the right to file for paternity, visitation, etc.
  • 09-22-2010, 04:57 PM
    e.woods
    Re: Can Bio Father File After Child Has Been Adopted
    Quote:

    Quoting Xena
    View Post
    Then when she files, she HAS TO legally notify the bio-father and either get his consent for the adoption, or get a court to order the adoption over the bio-father's wishes.

    Even if the bio father's name is not on the birth cert? Bio father thinks it's his child; yet he did not file for anything to establish his paternity. If mother slept around at the time, she needs to legally notify everyone of them that his (possible) child will be adopted? Thank you.
  • 09-22-2010, 05:12 PM
    Dogmatique
    Re: Can Bio Father File After Child Has Been Adopted
    Quote:

    Quoting e.woods
    View Post
    Even if the bio father's name is not on the birth cert? Bio father thinks it's his child; yet he did not file for anything to establish his paternity. If mother slept around at the time, she needs to legally notify everyone of them that his (possible) child will be adopted? Thank you.



    Yes, and yes.

    Dad needs to be at least notified and given the chance to object.

    All possible Dads, actually. How many are we talking about?
  • 09-22-2010, 08:08 PM
    CourtClerk
    Re: Can Bio Father File After Child Has Been Adopted
    Quote:

    Quoting Xena
    View Post
    Once she is married, she will have to be married for at least 1 year before filing for a step-parent adoption.

    Misconception: There is absolutely NOTHING in CA law that says that a couple must wait at least a year before a step parent adoption...
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