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  1. #1
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    Jul 2006
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    Default Having a Step-Parent Sign a Paternity Affidavit

    I have a daughter who is 5 years old when born wrong father signed papers at hospital and since then paternity has been established that he is not the biological father. While I know now who the biological father is he doesn't want anything to do with her and has never even seen her. He doesn't want his family to even find out. Now I am married and her step father who has been with her for the last 3 1/2 years wants to adopt her. Since there is no father listed on the birth certificate now could he just sign the paternity papers and avoid the adoption process? In the state of Missouri.

  2. #2
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    Mar 2005
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    Michigan
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    Default Re: Paternity Issues and Step-Parent Adoption

    If I understand... the "wrong father" has been removed from the birth certificate for reasons of nonpaternity, leaving the issue of paternity open. The actual biological father doesn't want anything to do with the child. The step-father wishes to adopt.

    The best resolution would appear to be to have the biological father consent to the step-parent adoption.

  3. #3
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    Jul 2006
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    984

    Default Re: Paternity Issues and Step-Parent Adoption

    Quote Quoting nowmarried
    I have a daughter who is 5 years old when born wrong father signed papers at hospital and since then paternity has been established that he is not the biological father. While I know now who the biological father is he doesn't want anything to do with her and has never even seen her. He doesn't want his family to even find out. Now I am married and her step father who has been with her for the last 3 1/2 years wants to adopt her. Since there is no father listed on the birth certificate now could he just sign the paternity papers and avoid the adoption process? In the state of Missouri.
    Nope, you will have to petition the court to disestablish paternity for the man who signed the AOP in good faith and belief that he is dad, and to establish paternity with the man who is bio dad. It doesn't mater what he want's to do, he is responsible. Then you may pursue child support, when you do that, he will want to give up his paternal rights if your husband want's to adopt her. But your husband may not want to adopt because then if you divorce, he would have to pay child support.

  4. #4
    Join Date
    Jul 2006
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    2

    Default Re: Having a Step-Parent Sign a Paternity Affidavit

    Can I do so without anyone finding out if there is no paternity test ever being done with the biological father?

  5. #5
    Join Date
    Jul 2006
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    984

    Default Re: Having a Step-Parent Sign a Paternity Affidavit

    Quote Quoting nowmarried
    Can I do so without anyone finding out if there is no paternity test ever being done with the biological father?
    You will need a court ordered DNA test/s If you are not sure you will have to have all the men who are potential fathers tested. Have you ever watched Maury Povich?

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Having a Step-Parent Sign a Paternity Affidavit

    If there is no father, I am not sure that the court will demand a blood test as a part of a step-parent adoption proceeding, although if the wrong person executes the release or the actual biological father is not notified of the proceeding then there could potentially be a biological father out there with a claim to have the adoption set aside. But there has been no clarification on the status of the paternity question since our prior posts.

    Here's an overview of Missouri adoption law from the Missouri State Bar.

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