Legal Question in Family Law in Kentucky

Re: Can my husband adopt my son?

If you do actually know who the father likely is, then the most correct way to proceed is to attempt to serve him as a "putative" father and to get either a consent or a denial of paternity from him. Simply leaving a father's name off of a birth certificate does not prevent parental rights from arising - it just obscures who those rights belong to.

If you attempt to proceed with the adoption by stating to the court that the father is unknown and unknowable, then you are making a material misrepresentation to the court (sometimes known as perjury). Also, even if the adoption proceeds, it would be an "at risk" adoption that could be challenged, although that is very unlikely.

I recommend taking all the necessary steps to do such an adoption in strict compliance with statute.

Re: Can my husband adopt my son?

Yes, he can adopt your son. Since the father is not listed on the birth certificate, there is no requirement for the natural father to be served with adoption paperwork if you are not willing to provide it (which you would not be willing to do as this would make the process quicker and easier). Feel free to contact me if you have further questions.