Q: Can my husband adopt my two year old son if the father is not listed on the birth certificate and has never been involve
Just for clarification the father has not been involved at all and has never provided any financial support for my son he is also not listed on the birth certificate.
A: So, birth certificates really do not matter as much as most people think they do. If you know the father and he has never been involved in your son's life, then you and your husband could potentially do a joint petition (which means you are a co-petitioner with your husband) for the adoption. This shows the court that you the mother consent to the adoption. Then you could approach the father and have him waive his rights to your son and consent to the adoption. However, if he refuses to waive his rights and consent to the adoption this could turn into a long process of litigation as you will have to get the court to terminate the fathers' rights. Potentially, if he has never paid child support that may be an option to encourage him to waive as he could potentially be liable for back child support. Of course, this all depends on the facts of your case, and you should absolutely seek a local family law attorney in your county to handle this. Seek someone who regularly handles adoptions to help you with this process.
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