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Problems with adoption and name change

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  • 03-02-2006, 12:15 PM
    lawseeker
    Problems with adoption and name change
    I have two boys, ages 3 and 5, both from different men, who have NEVER had any kind of contact with them or Myself. I am now married to a man, who has stepped in to be their father, the only one my boys know. I was told that in order for him to adopt the boys, the bio had to terminate rights. No one has any clue of where either of them are, and until my boys are older, i do not feel they should be subjected to these two horrible excuses of "parents". Is there any way to get around the men actually signing a form? I mean, they already gave up their rights, both of them, while i was still pregnant. Is there some sort of statute about having no contact for at least 90 days...automatically terminates rights? Another thing...they still have to be located just to do a simple name change???
  • 03-02-2006, 03:35 PM
    Mr. Knowitall
    Step-Parent Adoption
    They have to be notified of the proceeding, to the satisfaction of the court. Normally they would have to be personally served. If they truly cannot be found, the court ma allow substituted service. The easiest path to step-parent adoption would be to have them sign their consent.

    You should be able to proceed with a name change, as it appears that neither biological father has ever had his paternity rights established.
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