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  1. #1

    Default Establishing Paternity for Adoption

    My question involves paternity law for the State of: Alaska

    A woman from my husband's past contacted him recently claiming that a child she had 10 years ago is his. When she was pregnant, my husband asked her if the baby was his, but she said no. She had been having an affair with another man and thought the child to be his. This other man was on the birth certificate and had been paying child support for the last 10 years. Well, she recently married another man and approached my husband saying that her new husband and her wanted to adopt the child, but couldn't do so without establishing paternity. The thought-to-be father took and test and it came out negative. She is now trying to remove his name form the birth certificate and add my husband's. My question is, if he is indeed the father, is he required to register his name on the birth certificate? If her new husband does want to adopt him, then why would they be motioning to add my husband's name to the birth certificate? I feel like something isn't adding up, but maybe I just don't know enough about paternity law. She is very deceitful and I am concerned about her intentions. Thank you.

  2. #2
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    Default Re: Establishing Paternity for Adoption

    Quote Quoting Pregnant&devestated
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    My question involves paternity law for the State of: Alaska

    A woman from my husband's past contacted him recently claiming that a child she had 10 years ago is his. When she was pregnant, my husband asked her if the baby was his, but she said no. She had been having an affair with another man and thought the child to be his. This other man was on the birth certificate and had been paying child support for the last 10 years.

    OK - so the other guy is the legal father.


    Well, she recently married another man and approached my husband saying that her new husband and her wanted to adopt the child, but couldn't do so without establishing paternity.

    Paternity is already established - of course this assumes that child support is court ordered.


    The thought-to-be father took and test and it came out negative. She is now trying to remove his name form the birth certificate and add my husband's. My question is, if he is indeed the father, is he required to register his name on the birth certificate? If her new husband does want to adopt him, then why would they be motioning to add my husband's name to the birth certificate? I feel like something isn't adding up, but maybe I just don't know enough about paternity law. She is very deceitful and I am concerned about her intentions. Thank you.

    After 10 years, it is extremely unlikely that the court will allow her to disestablish paternity.

    Can you confirm that the other has been paying child support via either a court order or an administrative order?

  3. #3

    Default Re: Establishing Paternity for Adoption

    All the information we have has come from her, and who knows if what she is saying is the truth. She says that she is working on getting the legal father's name off the birth certificate and that we should expect a letter from Child Support requesting a DNA test in order to put my husbands name on the birth certificate. She also said that the legal father has been paying child support since the child was born. I just don't know what our rights are. If my husband agrees to take the DNA test, ten years after the fact, can she establish him as the legal father?

  4. #4
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    Default Re: Establishing Paternity for Adoption

    Quote Quoting Pregnant&devestated
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    All the information we have has come from her, and who knows if what she is saying is the truth. She says that she is working on getting the legal father's name off the birth certificate and that we should expect a letter from Child Support requesting a DNA test in order to put my husbands name on the birth certificate. She also said that the legal father has been paying child support since the child was born. I just don't know what our rights are. If my husband agrees to take the DNA test, ten years after the fact, can she establish him as the legal father?


    Honestly? I think you should both ignore this woman.

    IF your husband is served, he should speak with an attorney immediately. After 10 years, it is questionable that the court will entertain a petition to disestablish the legal father and your husband should argue that this would NOT be in the best interest of the child.

    In the event that the court actually does allow this, your husband can be ordered to take a DNA paternity test. If he's found to be the biological father..then yes, he can be ordered to pay child support.

    He will also have the right to file for visitation.

    Does your husband earn more than the legal father by some chance? I'm thinking that's her angle...

    Edit:

    I've just re-read the title of your thread, and this whole thing makes no sense.

    If she wants her new husband to adopt, all she should need is consent/permission from the LEGAL father. Paternity is already LEGALLY established. Biology has nothing to do with it at this point and your husband shouldn't need to be involved at all.

    Therefore, I would agree that you should be wary of this woman's intentions. Again, if your husband is served please update the thread.


  5. #5

    Default Re: Establishing Paternity for Adoption

    She claims that she doesn't want anything from us, but her intentions seem really unclear to me. If we take the DNA test before the other man has legally been taken off the birth certificate, does that help her case? Can we legally wait until the legal father has been taken off the BC? Again, the reason she contacted us in the first place was that she needed to establish the true father to allow her child to be adopted by her new husband. Do you think this could be possible?

  6. #6
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    Default Re: Establishing Paternity for Adoption

    As was previously suggested, her story doesn't make sense. If the child has had a legal father named on his birth certificate for the past ten years, that's the child's legal father and there's no need to cloud things up by going through a process of having him removed as the father, your husband added, and then to have your husband's rights terminated in an adoption. It would be sufficient for her to have the legal father consent to adoption and, if she really wanted to dot her i's and cross her t's, have your husband also file a consent.

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