Legal Question in Family Law in Maryland

Child Adoption

I have a son who is almost 2 years old. I am getting married in less than 1 month. My fiance is not the father of my child but would like to legally adopt him once we are married. My son's biological father is incarcerated at the time. Also, his name is not on my son's birth certificate, does he have any rights? Would we have to go through DNA testing? What do I need to do order for my fiance to adopt him? Does my son's ''father'' need to be served with any type of papers? Would a judge consider him to be ''unfit''? Once my fiance and I are married would be able to change my son's last name?


Asked on 5/03/04, 11:05 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Child Adoption

The biological father indeed has rights that allow him to contest the termination of his parental rights if he chooses to do so. If you and your fiance file a petition for adoption, you will have to serve it on the father. If he chooses to contest the adoption, it will be up to the court to determine what's best for the child, but courts are reluctant to terminate parental rights over the objection of the parent whose rights are affected.

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Answered on 5/03/04, 4:27 pm


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