Legal Question in Family Law in Iowa

Paternity

My daughter became pregnant and while pregnant she married a man. This man is not the biological father of my granddaughter. The man she married has put his name on my granddaughter's birth certificate and my granddaughter carries his last name. No legal paternity has been established for the birth father. My daughter knows who he is, though. Currently biological father is in a halfway house. Since the man she married has given my granddaughter his name and he is on the birth certificate as father...how legal is all of this? If it is not legal how can they make it legal and binding? What is the cost to do something like this? Can you do it yourself? What is the time frame it takes to do this?


Asked on 3/03/00, 12:48 pm

1 Answer from Attorneys

Melody Stickel-Martinez Melody Stickel-Martinez, Esq.

Re: Paternity

Your son-in-law would have to adopt your grandchild to have any legal rights with respect to her. This is called a step-parent adoption. The time frame for this process depends on whether the father of your grandchild is willing to give up his rights as a father or not. Depending on your case, you may not need his consent. You should speak with an attorney in your area to begin this process and to determine whether his consent would be required. This is a case by case basis.

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Answered on 3/15/00, 9:05 pm


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