QUESTION
How can a step parent adoption proceed if there is no father named on the birth certificate?
Asked on Jun 29th, 2015 on Child Custody - Michigan
More details to this question:
The father was incarcerated at the time and couldn't sign for himself so he wasn't allowed on the birth certificate.
4 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I did not know that the father has to sign the birth certificate, and I'm not sure he must do so. But in any case, a paternity action against him does not depend on whether or not his name appears on the birth certificate. The mother, or the lawyer for the state, can commence a paternity action, and if the alleged father denies paternity, a DNA test resolves the question.
Answered on Jun 30th, 2015 at 10:23 AM
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You get the father who is incarcerated to sign a consent to the adoption and get a statement from the putative registry and clerk of court for the parish in which the child was born stating that no one has acknowledge paternity of the child.
Answered on Jun 29th, 2015 at 3:56 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It doesn't matter if he was on the birth certificate (he could have been on it with a little effort on the part of the mother to send the affidavit to him), his rights need to be terminated either voluntarily or by the court if he doesn't sign a voluntary relinquishment.
Answered on Jun 29th, 2015 at 3:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not normally it the biological father is known you need his agreement.
Answered on Jun 29th, 2015 at 3:32 PM