Q: My sons biological father isn’t on the birth certificate. Can my husband adopt him without his consent?
My son is 3 years old. My husband has been in my sons life since he was 9 months old. My sons biological father isn’t on the birth certificate, I have never received child support and we haven’t heard or seen him in over 2 years.
In Arkansas you will need the consent of the bio dad. Since he has not been in the child’s life and if his absence is voluntary then the court would most-likely hold that his consent is being withheld unreasonably and your husband should be able to adopt.
Make sure your husband has no felony record. There are some notice requirements and a few other things. Costs will be around $5,000
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.