Legal Question in Family Law in California
adoption w/out consent of bioligical father?
i have just been informed by who i assumed was the father of my 4-yr old son, that he is not biologically the father, according to a dna test, and he wishes to be removed from the birth certificate. this leaves only one other person who could be the father. can my new husband adopt my son without the consent of the person who is biologically the father? as of now he does not know he is the father. if he must be notified, what rights does the biological father have to see the child after 4 years of no contact? if he objects to my husband adopting the child, will he be responsible for support, and will he be awarded visitation rights if he wishes?
1 Answer from Attorneys
Re: adoption w/out consent of bioligical father?
Failing to notify the bio dad may result in him coming forward at a future time and requesting visitation and custody. You would have the best idea as to whether he would request visitation.
Many men in his position would gladly relinquish parental rights to avoid the payment of child support. However, he may be the exception and request visitation. Normally visitation would be granted, but in most counties an introductory period of short visits would be required.
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