Tampa, FL asked in Adoption and Family Law for Florida

Q: My sons bio dad is not on the birth cert and no contact in 3 years. Can my fiancee adopt him without involving the bio?

My sons biological father is not on the birth certificate and paternity has never been established. My son is about to be 6. Bio dad (an incarcerated violent felon) has not seen him since he was 6 months old and has made no effort to contact is in the last 3 years. Can my fiancee, who has been in his life from the age of 2 amd the only dad he knows, adopt him without involving the bio dad?

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1 Lawyer Answer
Vanessa Vasquez de Lara
Vanessa Vasquez de Lara
  • Family Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: Yes! You need to do a step-parent adoption which includes checking if the biological father registered himself in the Florida putative father registry. If he didn't, which most men do not do, then there is no need for consent from him. His rights would be terminated in the adoption. But you must be married in order for your fiancee to be considered a step-parent, so you will need to take that step before starting the adoption process.

It's important to remember that once the adoption is completed, he will be the child's legal father, responsible for child support in the event of a divorce, but also entitled to all of the rights of a father including timesharing and making decisions for the child.

Good luck!

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