adbandonment by father

[autumn106]

What is the name of your state (only U.S. law)? West Virginia

I lived in NY when I got pregnant, baby was born in Pa, 7/16/09, and have resided in WV since his birth. The biological father has had no contact with me since I was 4 mos. pregnant. He lives in NY. I have met someone who I plan marrying and has supported my baby since his birth. What are the biological father's rights and how do I go about adoption procedures, what state to file in,etc.??? I have never contacted him for child support, etc.

 

[Zigner]

First, you need to be married for at least a year. Then, you will need to get her permission of the biological father. This will involve having him found to be the LEGAL father and then having his rights terminated (either voluntarily or otherwise).

This is not a do-it-yourself project. Seek the assistance of an attorney.

 

[Ohiogal]

What is the name of your state (only U.S. law)? West Virginia

I lived in NY when I got pregnant, baby was born in Pa, 7/16/09, and have resided in WV since his birth. The biological father has had no contact with me since I was 4 mos. pregnant. He lives in NY. I have met someone who I plan marrying and has supported my baby since his birth. What are the biological father's rights and how do I go about adoption procedures, what state to file in,etc.??? I have never contacted him for child support, etc.

So you had a baby out of wedlock and the baby has no father because you never established paternity. Hence there was no abandonment. Until he is legally declared the father he owes nothing. He also has no responsibilities or enforceable rights. Should I continue?

 

[autumn106]

I failed to mention , the birth certificate has the father listed as unknown. Would this have any influence on adoption?

 

[Proserpina]

I failed to mention , the birth certificate has the father listed as unknown. Would this have any influence on adoption?

Did you lie about this?

 

[Ohiogal]

I failed to mention , the birth certificate has the father listed as unknown. Would this have any influence on adoption?

You would need to serve ALL POSSIBLE putative fathers plus do a John Doe posting in case you forgot anyone you slept with during this time that your child was conceived.

Did you lie about this?

Proserpina, if dad doesn't sign the AOP then his name can NOT be placed on the birth certificate and that is what the Birth certificate would state.

OP, the putative father would have to be served and given a chance to establish paternity AND then have his paternity terminated.

 

[janM]

I think these moms think that if they don't have dad on the BC, then there IS no dad, and they can do what they want.

 

[ecmst12]

Well that's half right...

 

[CourtClerk]

Did you lie about this?

Probably not. There is no legally known father. Some states leave it blank, some do -------------, some use unknown.