Termination of parental rights in the case of rape

[Droberson]

I recently married, and my new husband is interested in adopting my 13-year-old special needs daughter. My daughter ASKED him if he would be her dad now, and would he change her name to the same as his. I know this is probably much more simple than adoption, but considering her problems as a developmentally disabled individual, if something happened to me, there's a question about who would end up with custody of my daughter at that point.
My family might or might not try to intervene, but we'd like there to be no question of that.

Since my daughter is the result of a rape in which I did not know my attacker, and there is no father listed on the birth certificate because of this, what process would we have to go through to allow my husband to adopt? Is there an issue of parental rights to be terminated when there has never been any father identified?

 

[Antigone*]

I recently married, and my new husband is interested in adopting my 13-year-old special needs daughter. My daughter ASKED him if he would be her dad now, and would he change her name to the same as his. I know this is probably much more simple than adoption, but considering her problems as a developmentally disabled individual, if something happened to me, there's a question about who would end up with custody of my daughter at that point.
My family might or might not try to intervene, but we'd like there to be no question of that.

Since my daughter is the result of a rape in which I did not know my attacker, and there is no father listed on the birth certificate because of this, what process would we have to go through to allow my husband to adopt? Is there an issue of parental rights to be terminated when there has never been any father identified?

You should consult an adoption attorney in your state. Unfortunately you have not given us the necessary information to give you any specific information. That can all change if you give us the name of your state.

 

[Proserpina]

I recently married, and my new husband is interested in adopting my 13-year-old special needs daughter. My daughter ASKED him if he would be her dad now, and would he change her name to the same as his. I know this is probably much more simple than adoption, but considering her problems as a developmentally disabled individual, if something happened to me, there's a question about who would end up with custody of my daughter at that point.
My family might or might not try to intervene, but we'd like there to be no question of that.

Since my daughter is the result of a rape in which I did not know my attacker, and there is no father listed on the birth certificate because of this, what process would we have to go through to allow my husband to adopt? Is there an issue of parental rights to be terminated when there has never been any father identified?

Was the rape reported?

 

[Droberson]

My apologies...I am in Arkansas.

The rape was not reported when it happened. The OB/GYN doctor knew I had been raped, but there was never a police report filed. I have no way of knowing who the biological father might be, so I need to know how to proceed as far as parental rights for a parent I cannot identify.

 

[Antigone*]

My apologies...I am in Arkansas.

The rape was not reported when it happened. The OB/GYN doctor knew I had been raped, but there was never a police report filed. I have no way of knowing who the biological father might be, so I need to know how to proceed as far as parental rights for a parent I cannot identify.

You will definitely need the help of an attorney who specializes in adoptions.

 

[Droberson]

Thanks. I appreciate your time.

 

[Proserpina]

My apologies...I am in Arkansas.

The rape was not reported when it happened. The OB/GYN doctor knew I had been raped, but there was never a police report filed. I have no way of knowing who the biological father might be, so I need to know how to proceed as far as parental rights for a parent I cannot identify.

I agree with Antigone; essentially there is no rape. Hence you would have to do a John Doe service and this absolutely NEEDS an attorney.

Please seek a consult asap