Q: Do I need the biological father’s consent if his name isn’t on the birth certificate & hasn’t made contact in 4 years?
My husband wants to adopt my son. We have been married for 7 years and my son’s biological father isn’t on his birth certificate, has never met him, hasn’t made contact in over 4 years, and has never paid child support. My son is 9 years old now. When we asked for the biological father to sign over his rights about 4 years ago he wouldn’t agree to it. How can we proceed without needing his consent?
A: The court may find that the consent of the biological father is not required, but you have to give him notice of the adoption petition.
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