Legal Question in Family Law in North Carolina

No biological father proven- can stepfather adopt?

When I became pregnant in 1989, the father of my child said he did not want to be part of any child's life. We went separate ways. Now the child is nine, and my husband of five years wants to adopt him legally. The paternity has never been established. Do we have to contact the birth father in an adoption case? What are his rights? Hasn't he legally abandoned his son after so many years? We live in a close knit community where the birth father is someone we frequently see, yet he's never approached me about visiting his son.


Asked on 9/02/99, 7:02 pm

1 Answer from Attorneys

Donald Gillespie Attorney at Law

Re: No biological father proven- can stepfather adopt?

Many questions here. Does the birth father have rights? Yes.

Did he "legally abandon" you? Maybe if he was married

to you and walked out and has not

paid any child support or significantly contributed

to needs of the juvenile. Reareading your post

I think maybe no marriage with putative father?

His rights are not established at this point and

neither are his responsibilities. Maybe you never

requested child support? If you

were married at the time you conceived even by another man

the married man/spouse is the "legal father" even

if not the biological father and can be the presumptive father.

Even if you harbored doubts in your heart of hearts you

and he could do an affirmation and acknowledgement of

paternity to establish him as the father.

If the other guy knows he is the father you probably

need to contact him and see if he will waive his

parental rights or you face having to go through a TPR

(Termination of Parental Rights) action in district court.

One tip is to bargain with him. If he terminates you don't press for child support.

Remind him if he is the putative father county child support enforcement can

order DNA test; he could be on the hook until child hits 18 or graduates

from High School whichever comes later. Good luck to you.

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Answered on 9/05/99, 7:34 am


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