Legal Question in Family Law in Missouri

adoption with no available father. not on birth certificate

I have a son who is 8 years old. There is no name listed as his father on his birth certificate. I have been married for 6 months as of July 22 and would like my husband to adopt him as of then. (When it is legal in the state of Missouri) Am i going to have any problems or what do i need to do to make this go smoothly?

Thanks!


Asked on 6/28/05, 8:34 am

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: adoption with no available father. not on birth certificate

Your post does not give us enough information, but I will make a couple of assumptions. First, I will assume that your husband is not the father of the child. second, I will assume that you never had either an administrative determination of paternity by DCSE, or a judicial determination of paternity naming the biological father as the legal father and providing for uch things as child support etc. If these assumptions are correct, then you will indeed have some problems. First you will need to establish paternity. Then you will need to provide legal notice to the father of the planned adoption. If he chooses to object, he may do so. usually, fathers in this situation are willing to consent to the adoption in return for never having to pay child support. It is not a simple, easy process due in the first place to the fact that you had a child out of wedlock. If you are not represented by legal counsel, and would like a consultation you may call me at 314-727-2822.

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Answered on 6/28/05, 8:57 pm


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