Legal Question in Family Law in California

my sons father in not on his birth certificate or in his life, my domestic partner wants to adopt him....can she do so with out him giving up his parental rights?


Asked on 12/28/11, 10:10 pm

4 Answers from Attorneys

Michael Schneider Family Law Center

With an adoption one cuts off the rights of the disenfranchised parent. So, he does not really retain any rights. But since he is only an "alleged father" he does not have rights now anyways. You can give him some rights by an adoption contract after adoption. But those "rights" are just nominal at best. You really need an experienced adoption attorney. Good luck.

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Answered on 12/28/11, 10:29 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

There is a concept called an "open adoption" where the biological father is known to the child and can have limited contact for such things as gifts and cards but no parenting or visitation rights. Best to meet with a skilled family law attorney to explore your legal options.

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Answered on 12/29/11, 7:13 am


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