Q: birth dad hasn't had contact for 7 yrs she's 8
My husband had raise her since she was 1 and has legitimized her. Do we need to serve him even after all these years to have him removed from the birth certificate?
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A: Yes, he will have to be served and the court would have to terminate his rights.
A: I'm curious as to how you legitimized the child without terminating the birth father's parental rights? If the child's stepfather wants rights, he needs to adopt the child, not legitimize the child. Only a biological father can legitimize a child. He can petition for a stepparent adoption and the birth father will need to be served. The Court, if they find it is in the best interest of the child, will terminate the biological father's rights and permit the stepfather to adopt. Contact a local attorney to assist you through this process, as it seems like you have a little bit of a mess to clean up.
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