Welcome New User! ( Create Account | Sign In )

Our members earned over $6,000.00 last month! Join Us

Start earning today!

 

This Question has not been awarded yet.

Post your answer now!

Question

Submitted 45 days ago...

bertina04

bertina04

New User (1)

What steps do I need to take for my husband to adopt my daughter.

I am located in Louisiana. My daughter's biological father did not sign her birth certificate, my boyfriend at that time did, so she has his last name. I have proof from a DNA test that her biological father is indeed her father. The thing is he's been knowing she was his, but I guess was hiding and still doesn't support her. My husband has been taking care of her since she was 3 years old, and she is currently 9 years. What steps do I need to take for my husband to adpot my daugher? Please Advise!

Share | Abuse |
 
Answers
Answer 1 / 1 - Submitted 44 days ago...

SRDEsq

SRDEsq

Brain (3,690)

Do I understand this fact pattern correctly:
1) the is a natural father ( that did not sign the BC)
2) there was a boyfriend ( at the time ) that did sign
3) now there is husband ( not one of the two above) and he wants to adopt
If that is correct, you will need to
1) have a paternity hearing, in which you have the real father be declared the lega lfather based on the DNA; (chapter 1 titile vii, puttative father registry)
2) then you will need to have the newly declared legal father voluntarily give up his paternal rights (article 1193)
if he won't , you are at a dead end, as he has not had a chance to parent his own child yet; of course he would liable for child support. You could bring an action to terminate his rights ,, involuntarily, however, since the natural father is not even aware he has a child, he could nto be unfit or said to have abandoned the child. Your attorney may offer some other groiunds for involuntary termination, but I am not aware of any others, under these circumstances.

3) hopwever if he is willing, you will have to have the adoption ready to go

Uniform Child Custody Jurisdiction and Enforcement Act Affidavit
Most states require the adopting stepparent to complete and sign an affidavit identifying the children to be adopted and stating whether the adopting parent has other adopted children. The affidavit also acknowledges the duty of the adopting parent to inform the Court of any custody, visitation, child support, or guardianship proceeding (including dissolution of marriage, separate maintenance, child neglect, or dependency) concerning the children in any state. This affidavit is called the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit. The adopting father must sign the affidavit.

after the affidavits and aforementioned forms were executed,are filed with the court along with a joint petition for adoption by stepparent. The petition was filed on behalf of both the adopting father and natural mother. Less than one month after all of the forms were completed and filed with the Court, the Court held a brief hearing and issues a final order of adoption.

Share | Link | Abuse
 
 
 
 

Answer This Question Now

What steps do I need to take for my husband to adopt my daughter.

If your Answer is chosen as the “accepted” answer, you will earn ongoing royalties on this thread.
Simply type your Answer in the box below and post your answer.


Email Subscriptions

Author adds clarification

All new responses

Related Questions