Results 1 to 7 of 7
  1. #1
    Join Date
    Aug 2005
    Posts
    5

    Default Adopting a child with an unknown biological father

    After my fiance' and I marry, I wish to adopt her 8 y/o daughter.
    The daughter's bio-father is unknown, as my fiance' was raped by him years ago, while she was visiting in another state.

    Can I do this, without spending a lot of cash on a lawyer? Where do I start? Thanks in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Adoption Proceedings

    It is usually possible to complete a step-parent adoption without using a lawyer. Given the circumstances, you may wish to secure a copy of the police report from the sexual assault, as the law will require notice to all interested parties (including the biological father) and that will help the judge understand why traditional service of a formal notice will not be possible.

  3. #3
    Join Date
    Aug 2005
    Posts
    5

    Default re: police report...

    The silly girl, my fiance', did not file a police report. According to her, she met the man in a bar, and was raped after they left. Of course, I must believe her--but between you and me, it could have been mutual.
    Nevertheless, no police report. All she knows about the bio-father is that he was leaving the next day to join the armed forces (she doesn't know/remember which branch or his name). Thanks again.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Notice to Father

    The court will probably still permit a step-parent adoption to proceed, with appropriate substituted service; but there would be a possibility (increasingly remote, granted, with the passage of time) that the biological father would emerge at some point in the future and contest the adoption.

  5. #5
    Join Date
    Aug 2005
    Posts
    5

    Default in the event that bio-father should emerge...

    would he be responsible for 8+ years of child support?

    And, providing that I get to adopt her, can her last name be changed to mine during the same proceedings?

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

    Default Re: in the event that bio-father should emerge...

    Quote Quoting txbear
    would he be responsible for 8+ years of child support?
    If you ever find him? State law varies as to how far back a court may order support, but there would likely be some recourse for back support.

    Quote Quoting txbear
    And, providing that I get to adopt her, can her last name be changed to mine during the same proceedings?
    Ordinarily yes. Perhaps even on an amended birth certificate.

  7. #7
    Join Date
    Aug 2005
    Posts
    5

    Default thanks...

    Thank you for all of your help. And thanks for running this website!

    1. Sponsored Links
       

Similar Threads

  1. Adoption of Children: Husband Wants to Adopt Daughter, Biological Father Unknown
    By pinkangel11781 in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 06-30-2011, 07:48 PM
  2. Adoption of Children: Step-Parent Adoption with Unknown Biological Father
    By sadsongs in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 11-22-2008, 09:07 AM
  3. Grandparents and Third Parties: Biological Father Giving Up Parental Rights and Step Father Adopting My Daughter
    By kuziifish in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 10-13-2008, 08:29 PM
  4. Changing a Child's Name: Changing A Child's Name When The Biological Father Is Unknown
    By iluvmybabe in forum Name Change
    Replies: 2
    Last Post: 05-06-2008, 01:25 PM
  5. Adoption of Children: Step-Father Adoption Where the Biological Father is Unknown
    By ljr23 in forum Adoption Law and Surrogacy
    Replies: 5
    Last Post: 10-24-2007, 07:02 AM
 
 
Sponsored Links

Legal Help, Information and Resources