Legal Question in Family Law in California

Step-parent adoption

My husband and I are trying to adopt my 6 year old daughter, however the man listed on her birth certificate is contesting. He is not her biological father but has never taken a DNA test. He also has never held a job, paid child support or seen her in over 3 years. Should I ask to take the DNA test or go to trial with him in hopes the court sees him as the deadbeat that he is? I don't want to take any chances. If we do take the DNA test to I have to name the true biological father or can I state unknown?


Asked on 11/19/08, 3:47 pm

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Step-parent adoption

It seems like the issue of paternity would need to first be determined before your husband can adopt your child. I would suggest as a first step taking a DNA to see where you are in terms of paternity.

As always please consult with an attorney before taking any legal steps.

Good luck.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 11/19/08, 5:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Step-parent adoption

If this matter has not been resolved contact me immediately.

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Answered on 12/16/08, 4:41 pm


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