Adoption Where Husband is Presumed Father of Child Conceived After Separation

I've read nearly all the posts for this topic and have found bits and pieces that have helped me but, still yet am unclear to what GA law prescribes in my case. I've searched the net to no avail. I'll try to be brief. I married in Feb 1995, 2 weeks later found out the husband had cheated on me and asked for a divorce in March. Made numerous attempts to finalize a divorce but the husband fought it as long as he could. Meanwhile I moved on and had my son(not his) the following year in Sept in the state of GA. I understand as to why my ex-husband's name is on the BC. I simply want his name off but understand a name has to be put on the BC as well. There is no dispute as to him NOT being the father and he wants his name off too. We expect that a DNA test would be appropiate. I am currently living overseas and happily married. My husband would like to adopt our son. The ex-husband will not do any form of adoption procedures because he feels he legally cannot give permission over a child that is not truly his. There is no way of finding the biological father. Can anyone give me guidance as to what can be done. Contacting a lawyer is definate, but to settle my mind, please can someone clue me in as to what to expect or what I and/or the ex-husband may need to do to get this resolved. Any advice appreciated. Further information is: as stated I we live in Belgium, ex-husband is a resident of AZ currently in Afghanistan, divorce decree states there are not any childern of that marrige. Biological father's location and information is unknown. Sorry for my length.

Why wasn't the issue of the BC dealt with with the divorce??

At the time of divorce it was not known that the state of GA would put my ex-husbands name on the birth certificate. The judge was told by me that the unborn child I carried was not of the marriage, nothing came of that except to state in the document that there were no childern of the marriage.

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Quoting Canid001

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At the time of divorce it was not known that the state of GA would put my ex-husbands name on the birth certificate. The judge was told by me that the unborn child I carried was not of the marriage, nothing came of that except to state in the document that there were no childern of the marriage.

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Have you tried filing for an order to remove his name? Have you tried to find the bio-father to settle this issue?

That is the information I'm looking for. From what I've learned, a paternal name can not be taken off without another being put on there in most case, correct? Understanding that state family codes vary, I'm hoping someone is familiar with Georgia's. Problem with the biological father is I have no informaion on him.

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Quoting Canid001

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That is the information I'm looking for. From what I've learned, a paternal name can not be taken off without another being put on there in most case, correct? Understanding that state family codes vary, I'm hoping someone is familiar with Georgia's. Problem with the biological father is I have no informaion on him.

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Since your intent is for your current hubby to adopt this child I think a consult with an Adoption Attorney would be your best bet. He would know how to handle this situation.

Yes, adoption is our ultimate goal. As I stated the ex-husband, per advice from JAG he doesn't want to be part of adoption because he does not believe he can legally do that, being not the biological father. We are having to resort to getting his name off foremost, but I'm curious as to what the GA law requires. Do you by chance know?

I guess the basic question is, can we remove ex's name and place in husband's name through adoption only? Is this the only way? Is it illegal for the ex-husband to take part in adoption knowing the child is not his? I'm unsure of the legalities of this. Thanks for your replies.

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Quoting Canid001

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I guess the basic question is, can we remove ex's name and place in husband's name through adoption only? Is this the only way? Is it illegal for the ex-husband to take part in adoption knowing the child is not his? I'm unsure of the legalities of this. Thanks for your replies.

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I don't "think" that your ex can sign off on the adoption because your decree say there was no children from your marriage. The only LEGAL way to get your hubby's name on the BC is through an adoption.

So are you are saying to do the adoption is the right way but ex-husband can not legally participate with it... Sorry if I'm a bit unclear of what you mean. We can go through with adoption without ex-husband signing off on it but by proving he is not the BF, is that what you mean?