Legal Question in Family Law in Michigan
Parental Rights and Adoption
My husband wants to adopt my son as his own and give him the same last name we do. My son's biologcal father is not on his birth-certificate. So does his bio. father have rights? And how can we go about the adoption situation?
3 Answers from Attorneys
Re: Parental Rights and Adoption
Were you married to the biological father at the time of the birth? Has there been a judicial proceeding to determine paternity? If neither of these occured and the bio father is not listed on the birth certificate. You probably do not need his agreement/permission in the adoption as he has no parental rights without a determination of paternity. I would not mention the bio father's name in the adoption, as it might raise the issue and cause a delay. For more info., please contact my office at (248)851-3171.
Re: Parental Rights and Adoption
If you were not married to the biological father at the time the child was born, then the biological father has no rights at this point. However, he has the right to "legitimate" the child and assert his parental rights.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
Re: Parental Rights and Adoption
You will need to consult with a local attorney about the adoption process. Part of that will include an action to terminate the father's rights.
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