Adopting My Girlfriend's Son

My question involves adoption law for the State of: NH
When My gf son was born in 2007, no father was named on the birth certificate. We do know who it is but have no desire to add him to the birth certificate as he is not the best role model for anyone. My gfson has not seen his biological father in almost a year and he now calls me daddy. Is there a way that we can file a petition for adoption and have me legally named on the birth Certificate? We know that he did not register for Putative Father Registry and he has not provided any financial support except for 4 months of the boys life. HELP PLEASE. I love this little boy and want him to be mine free and clear of anything. If anything, God forbid should happen to my girlfriend, we want to know that I will be able to remain in his life forever....

You guys need an attorney; Dad WILL need to be involved in this.

(As a side note, please try to make sure this little boy knows the truth about his biological father too)

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Quoting Dogmatique

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You guys need an attorney; Dad WILL need to be involved in this.

(As a side note, please try to make sure this little boy knows the truth about his biological father too)

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Why would we need an attorney? His biological father does not have anything to do with him? He will know who his real father is when he is older. We have a box of pics of his father for him when he gets older.


What happens if a man does not register with the Putative Father Registry?
If a man does not register with the Putative Father Registry before the child's birth or no later than 30 days after the child's birth, the child could be permanently adopted without the putative father's knowledge or consent.

In New Hampshire, the absent parent has given implied consent to adoption or relinquishment pursuant to Section 26-10A-9 as outlined below:
1. The absent parent has abandoned the adoptee, failing to offer financial and /or emotional support for a period over 6 months from the filing of this petition.
2. The absent parent has knowingly left the adoptee with the other parent without provisions for support and without communication, or otherwise maintaining a significant parental relationship with the adoptee for a period of over 6 months from the filing of this petition.
3. The natural father failed to comply with Section 26-10C-1, which deals with the putative father.

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Quoting jaybird09

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Why would we need an attorney? His biological father does not have anything to do with him? He will know who his real father is when he is older. We have a box of pics of his father for him when he gets older.


What happens if a man does not register with the Putative Father Registry?
If a man does not register with the Putative Father Registry before the child's birth or no later than 30 days after the child's birth, the child could be permanently adopted without the putative father's knowledge or consent.

In New Hampshire, the absent parent has given implied consent to adoption or relinquishment pursuant to Section 26-10A-9 as outlined below:
1. The absent parent has abandoned the adoptee, failing to offer financial and /or emotional support for a period over 6 months from the filing of this petition.
2. The absent parent has knowingly left the adoptee with the other parent without provisions for support and without communication, or otherwise maintaining a significant parental relationship with the adoptee for a period of over 6 months from the filing of this petition.
3. The natural father failed to comply with Section 26-10C-1, which deals with the putative father.

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Simply because adoption is not a DIY project.

The last thing you want is for Dad to come in five years later and have it overturned on some technicality you haven't considered.

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Quoting Dogmatique

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Simply because adoption is not a DIY project.

The last thing you want is for Dad to come in five years later and have it overturned on some technicality you haven't considered.

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Well I definately hear that but That is why we are researching every law in nh on it. My eyes burn from all the reading I'm doing. We cannot essentially afford a family law lawyer.
However, once i adopt him, even if his father came around in five years he wouldnt even know what his sons name was so he'd be looking for a needle in a haystack....at least thats how i view it. The court house just said we need to file this petition for adoption and thats it, but I heard something about posting it in the bio dads local paper for 4 weeks, which gives him a chance to rebut, and if he does not then he loses his chance, this is what the clerk told me at the court...I just can't find anything proving that theory. If that is the case, I am golden considering the guy wont read anything in the paper exccept police logs.

What you've said here is actually even more reason you NEED an attorney.

(The clerk should not be giving you legal advice incidentally - it's one thing giving you forms, but another thing advising you about service by publication; and if you have to resort to SBP you absolutely do need an attorney because this area becomes very sticky, and the circumstances in which SBP is allowed can be very restricted).

Please, for kiddo's sake - Dad isn't in the picture right now, so do what you can to save up the money for an attorney. A few more months won't hurt.

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Quoting Dogmatique

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What you've said here is actually even more reason you NEED an attorney.

(The clerk should not be giving you legal advice incidentally - it's one thing giving you forms, but another thing advising you about service by publication; and if you have to resort to SBP you absolutely do need an attorney because this area becomes very sticky, and the circumstances in which SBP is allowed can be very restricted).

Please, for kiddo's sake - Dad isn't in the picture right now, so do what you can to save up the money for an attorney. A few more months won't hurt.

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well they have to give you the form to submit to the local paper or its not valid. Thank you for your advice but its really not helping me at all...I need someone who is familiar with NH laws....There is no way we are going to be able to afford an attorney and a few more months could hurt because his bday is coming up and with a little urging from his parents and money we could be screwed and end up having our sweet little boy turned into a monster and damaged beyond repair if he ends up jumping out of the woodwork.

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Quoting jaybird09

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well they have to give you the form to submit to the local paper or its not valid. Thank you for your advice but its really not helping me at all...I need someone who is familiar with NH laws....There is no way we are going to be able to afford an attorney and a few more months could hurt because his bday is coming up and with a little urging from his parents and money we could be screwed and end up having our sweet little boy turned into a monster and damaged beyond repair if he ends up jumping out of the woodwork.

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The only way this little boy will be damaged is, quite frankly, if he has been lied to. Seriously - I know you have the best of intentions but Dad popping up out of the woodwork (and you've given until now NO indication of that being possible...so, what's the story behind that?) is not the thing that's going to harm the child.

Good luck. Stand by for others to respond to - someone else may have other ideas although the fact that you're here at all is suggestive that you don't have what you need to do this without an attorney.

Please, rethink this.

You really do need an attorney. The adoption laws, in all states are very complicated. Just 1 very minor, innocent mistake can cause huge problems later.

If you absolutely think that you can do this without one, please get a consult with a local adoption attorney before you do.

okay well we dont need a lawyer, we just need to know how legal it is if we do sbp, if it is in local paper for 4 weeks and he doesnt do anything. then later he cant do anything? thats the only question we have...everything else has been cleared up by looking at nh gov websites. bio dad is a lil unstable needless to say...never know what he will or wont do...honestly....he hasnt cared for a year and didnt care when my gf was pregnant and didnt care when he violated his probation and went to jail when his son was 1 month old and didnt care when my gf was supporting her son, her sons bio dad and his son and sat around drinking and doing god knows what.