Legal Question in Family Law in Maryland
unique adoption situation
My son has been raised by my husband and I since he was 1 years old.
My oldest sons fathers name is on his birth certificate but is not his bio father.
I know who the bio father is and have gotten a private dna test done to prove same. They have no contact with one another.
Do I need the consent of his bio father even though he is not on the birth certificate?
I have asked him if he will sign over rights and he refuses. He doesnt see or have any relationship or financial responsibility with my son but it is his last bit of control.
Can I move forward with the adoption and have the person on his birth certificate consent to sign away rights even though he has been proven by DNA to not be the bio father?
1 Answer from Attorneys
Re: unique adoption situation
I think you will have to notify the bio father of your adoption petition even though he's not listed as such on the birth certificate. Since he's played no role in the child's life, chances are the adoption will be granted. If he want to be difficult, perhaps he'd like to start paying child support and defend a paternity action, which you could file, although I suspect you don't want to go in that direction.
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