unknown bio father

[shademorgis]

What is the name of your state (only U.S. law)? Oklahoma
If my son-in-law wanted to adopt the child he's raised since birth, and the real dad was a total stranger rapist, would that man have to be reported found and give his consent? I'm the childs grandma and our whole family is scared and wants our grandson protected. Our son-in-law is willing to adopt. This rape happened to my daughter while married to my son in law. At a convenience store this rapist put a gun in my daughters back and forced her back into her car. It was dark. She discovered she was pregnant 2 months later. Her and my son-in-law were being abstinate for medical reasons at the time. But they both decided for her to have the baby. Does the rapist have any rights? We don't even know who he is. Unless he is on surveilance cameras from the store, how would we ever even know? My daughter just told me all this when my grandson was about 8 months old. He's 14 months old now.

 

[nextwife]

So there is a police report of the attack? That corresponds closely to the conception date?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Oklahoma
If my son-in-law wanted to adopt the child he's raised since birth, and the real dad was a total stranger rapist, would that man have to be reported found and give his consent? I'm the childs grandma and our whole family is scared and wants our grandson protected. Our son-in-law is willing to adopt. This rape happened to my daughter while married to my son in law. At a convenience store this rapist put a gun in my daughters back and forced her back into her car. It was dark. She discovered she was pregnant 2 months later. Her and my son-in-law were being abstinate for medical reasons at the time. But they both decided for her to have the baby. Does the rapist have any rights? We don't even know who he is. Unless he is on surveilance cameras from the store, how would we ever even know? My daughter just told me all this when my grandson was about 8 months old. He's 14 months old now.

If she gave birth WHILE MARRIED to your son-in-law then son-in-law should have been listed on the birth certificate and an adoption is NOT necessary. The rapist also would NOT have any rights to the child unless said rapist wanted to file for paternity and have it established. Your son-in-law should BE the baby's daddy without having to adopt. Is son-in-law on the birth certificate?

 

[LdiJ]

What is the name of your state (only U.S. law)? Oklahoma
If my son-in-law wanted to adopt the child he's raised since birth, and the real dad was a total stranger rapist, would that man have to be reported found and give his consent? I'm the childs grandma and our whole family is scared and wants our grandson protected. Our son-in-law is willing to adopt. This rape happened to my daughter while married to my son in law. At a convenience store this rapist put a gun in my daughters back and forced her back into her car. It was dark. She discovered she was pregnant 2 months later. Her and my son-in-law were being abstinate for medical reasons at the time. But they both decided for her to have the baby. Does the rapist have any rights? We don't even know who he is. Unless he is on surveilance cameras from the store, how would we ever even know? My daughter just told me all this when my grandson was about 8 months old. He's 14 months old now.

No, a rapist does not have to consent to the adoption of the child. A rapist has no rights to a child concieved by the crime of rape.

Whether or not the crime was reported could weigh into whether or not the judge would find the scenario credible and would agree to the adoption without the consent of a father.

 

[haiku]

Just as OhioGal pointed out.....if daughter was married at the time of the rape, the legal dad IS the husband. I thought in all states unless a bio father protestd the husbands name is automatically on the birth certificate.

ANd if mother was not married at time of birth and does not have a name, the usual method is by publication in a newspaper where the possible father was last known to reside. Being as she has noname and the rapist has no name, and really WHY would a rapist step forward? That does not make much sense either.

 

[goddessoflubboc]

OP's sil IS the father I unless he requests DNA evidence.

The only kicker is, should they later divorce and he is assessed cs he could possibly request dna at that time. Many judges will disallow the dna in light of an ongoing parental relationship.

They certaily *could* have "dad" adopt the child.

Above all else, this child should NEVER be told the circumstance of his conception. No good would come of it.

 

[las365]

Above all else, this child should NEVER be told the circumstance of his conception. No good would come of it.

Never is a long time. The fact that the child's father is not his biological father could come out for a number of reasons. My opinion is that the parents should give thoughtful consideration to how they will handle the subject should it arise instead of simply planning to keep it a deep, dark secret.

 

[mcale]

Just a word in my experience....

I too was raped, and it ended in pregnancy. I placed my daughter for adoption and under Wisconsin law, I was required to run an ad in the local newspaper explaining the situation and asking the rapist to come forward if he wishes to retain parental rights. If the rapist didn't come forward in 7 days he was legally relinquishing his parental rights. Odd.

It is terrifying.... but then again, why would a rapist willingly come forward and say... "Hey, yeah, I raped this person, and I want the kid". If there was a police report filed and there was DNA catalogued from the rape kit that matched the rapist, he'd never get custody. If the person