My fiance wants to adopt my child when we're married, but....

[Hunnie]

Here is my situation: I have a 13 month old daughter. Her birth father and I are not together. His name is on her birth certificate, but there was no paternity affidavit signed. She has my last name. From the day she was born, I have taken care of everything to do with raising her. He has had no part. He sees her occasionally, when it can fit into his and my schedule. Now I have been dating this wonderful guy and we recently got engaged. He is more her dad than anything. When we get married next May, he wants to adopt her. We want to be a whole family. Do I have to get her birth fathers permission for this to happen? Even though he has had no part in raising her, she doesn't even know him as her father, and the only document he is on is her birth certificate? He is not even required to pay child support...I didn't want anything from him because he's already having trouble enough with his three other children from 3 past relationships... Help!

 

[Hunnie]

By the way, we were also never married and broke up shortly after she was born... In case that helps my situation at all.....

 

[Duranie]

It doesnt matter, you cannot terminate his rights and go through with an adoption without his permission. Like it or not he is dad and he has rights.

If he is on the birth cert, most states require an acknowledgement of paternity signed. If that was not done, paternity will have to be established, then the fathers rights terminated but only if he agrees.

Is there a child support order or visitation schedule in place?

At this point you cannot even do anything until you have married this guy.

He is not required to pay child support because it sounds like you never filed for it or correctly established paternity. Until this is done you are not able to collect child support.