Legal Question in Family Law in Virginia
Private adoption
My husband and I are about to seperate, I am unable to have children and have a chance to adopt a baby that is due in 3 weeks. Do I have to list my husband as the father or can I leave that blank until I remarry or have a friend's name added to the birth certificate who is willing to be named the father? What are my options?
1 Answer from Attorneys
Re: Private adoption
No, you may not list your husband as the father of this still unborn child to which he has no connection(other than he's still married to you)which you may at some point in the future succeed in adopting---or not. And, no, you may not add a friend's name to the birth certificate as the father of the child even if he wanted to have such a questionable status since this person would also (apparently) have no connection to the child. The biological
parent(s) of the child have the sole authority to determine whose name(if any) may be added to the child's birth certificate as the father and it must be a name factually correct and not one of speculation or father "wannabees".
Given your apparent wrong-headed approach to this matter thus far, it would appear that you're attempting to adopt a child without having had the benefit of appropriate legal advice in the matter. And, if such is in fact the case, tomorrow would not be too soon for you to arrange for a consultation with an attorney who is appropriately experienced and knowledgeable in adoption law and related matters involving the proper termination of parental rights.