I have no other parent on the birth certificate because the father is unknown due to a bar incident. I was still legally married to my ex husband at the time of the birth, though he is not the father and has taken a paternity test to confirm. I am now engaged to my husband to be and we would like to add him to my sons birth certificate so he can have legal rights to my son with me. Can we add him without having to do a paternity test (I didn’t meet him until after I had my son, so he’s obviously not the biological father) or do we need to go through an adoption process? For either solution, how do I go about this?
Dear Anonymous:
You have some interesting legal issues. First, I am not sure how your husband at the time was not named on the birth certificate. Even though you know he was not the bio dad, under Florida law there is a presumption that the husband's name be placed on the birth certificate. So, since you said no father was named, when you divorced, how did your divorce decree address this child? Or was the child not mentioned in the divorce?
Again, so assuming the child was not mentioned in the divorce, besides some issues about the vaildity of same, now that you want your fiance to become the father, you would have to go through a stepparent adoption procedure. Of course, that would entail getting married first. Then, as a step parent to your child, and since you are stating the true father is "unknown" it is not a complicated process to file for a stepparent adoption. However, if you do know who the true father is, that person has to be given notice of the pending intent to adopt because the bio dad's rights have to be terminated first.
Because your situation involves a bit of a tangled web, you could go this on your own, but speaking with a family law attorney first might help you get through this process correctly and with greater ease.
Best of luck,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
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