Huntsville, AL asked in Adoption and Family Law for Alabama

Q: Can my husband adopt my son with no father listed on birth cert. & bio dad has signed over rights w/o dealing with him?

My son's Biological dad signed his rights away when my son was 3 days old and isn't even on the birth certificate. My now husband of 9 years(married almost 5 of those) wants to adopt him. We have no contact with the bio-dad and would rather not ever deal with him ever again. Do we have to get him to sign off?

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

A: The short answer is YES. What you propose is a step parent adoption and they are very common. In one procedure/hearing you will terminate birth dads rights and have your husband adopt the child with a new birth certificate, last name, everything. There are some steps advised and you will need to hire someone experienced in this area of law. Birth Dad will have to be served but if he has had not contact and not provided support for some time he will have been deemed to abandoned the child and his protest now will not stop the adoption from moving forward. I work in this area of law and would be happy to work with you.

Don Oliver Keene agrees with this answer

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