Asked in Adoption and Family Law for Alabama

Q: Will it be easy for my husband to adopt my son since birth father isn’t on birth certificate and doesn’t pay for child?

Birth father has never been apart of my child’s life nor is not on the birth certificate, or pays child support. Has never seen the child but once when we did the dna test. My husband whom has been apart of my child’s life and supported him financially and emotionally for 3 and half years wants to officially adopt , do you think it will be a problem ?

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1 Lawyer Answer
Shane Michael Oncale
Shane Michael Oncale
  • Family Law Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: No a step parent adoption in the case of a willful relinquishment of custody or proof of abandonment is provided for under Alabama law. What surprises people the most is the fact that the father must be notified, give his consent or have an opportunity to appear in court and contest the abandonment allegation. It is awkward but in many cases such as yours will not likely be a problem. The process is not really something you can navigate easily yourself so we will need to retain an attorney.

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