Legal Question in Family Law in Massachusetts
Adopting a child without a father listed on birth certificate.
I have been living with my wife and her 6 year-old son for 5 years. We have been married for over 2 years. When her son was born, she wasn't sure who the father was. Since that time she has had a DNA test performed and determined the father. He has not been significantly involved in her son's life (5-6 visits).
Does Massachusetts law require his signature for me to adopt if he is not listed on the original birth certificate? (The birth certificate was NOT amended after the DNA results.)
1 Answer from Attorneys
Re: Adopting a child without a father listed on birth certificate.
Since the father is known, the father's parental rights must be terminated before the child can be adopted. He can voluntarily sign a document to waive these rights or a court can take them away if the circumstances justify this.