Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.

Ash asked in Pregnancy & ParentingAdoption · 10 years ago

Would the biological father be able to get any rights once my baby was adopted?

me and my ex broke up and then I found out I was pregnant, he has not been there through any of it. I got a new boyfriend who has been there the WHOLE time and he wants to be the father, sign the certificate etc. Now my baby's biological father is trying to come back into my life, im keeping him out because he is a horrible person, he's mentally/emotionally abusive and bi polar. Now he is talking about doing whatever it takes to get my daughter! :( If me and my boyfriend were to get married could he adopt her before my ex proves he is the biological father? if so, then what would happen with the biological father?

Update:

He has not proven he is the father, and I kinda doubt he will I think its all talk. He dont deserve rights in my opinion he has 1 kid already and he has been took by state before, and just recently he made his 3 year old son pee in a cup 2 try 2 pass a drug test. I could go on and on about why he is unfit, even his family tells me my daughters better w/out him in her life. So pretty much nothing can happen if he doesnt get a DNA test done, and as for marriage if I say I have no idea who the dad is, (yes I know they'll think imma slut but IDC i gotta do what I gotta do) then they will have no way 2 get the dads concent cuz I have no idea who he is!?

10 Answers

Relevance
  • Yellow
    Lv 5
    10 years ago
    Favorite Answer

    First off, knowingly lying on a legal document (your boyfriend signing the birth certificate even though he is not the father) is illegal. Don't do that.

    Second, no matter who you want the father to be, your ex is genetically the father. He does have rights to his child too and can fight for them if he so chooses. You cannot put the child up for adoption or let another man adopt your child unless you can prove your ex is unfit to be a father, or if he relinquishes his rights willingly. A child cannot choose their parents, however they should be able to at least know them so they can decide on their own (one day) if they want a relationship with said parents.

    I get that you don't want this man in the child's life, but if the roles were reversed and your ex was the one giving birth (work with me on this) and you were the one being shut out of the babies life, even though you wanted to at least be a part of it, how would you feel? Give him a chance to try, communicate, if he can't get his stuff together then you can prove he is an unfit father.

  • 10 years ago

    Your new BF can't sign the birth certificate. That would be fraud. If he marries you before the baby is born, he'll automatically be the legal father (no adoption necessary) unless/until the biofather demands a DNA test, at which point the courts will probably give the biofather visitation (as well as order him to pay child support). I doubt biodad could take your baby away from you unless he can prove you're an unfit mother.

  • 10 years ago

    The baby's biological father has every right to be involved with his baby. If your bf signs that affadavit of paternity, the baby's father can quite rightly, have the police arrest him for perjury. Your bf would not be able to adopt your child unless the biological father signs off on the adoption giving up his rights.

    You chose this man to father your child. You knew enough to use protection and chose not to or not to use sufficient protection (i.e. the pill plus condom). Now you are stuck. Keep in mind that your child has a 25% chance of also being bipolar.

  • 10 years ago

    go for parental responsibility for your new partner its quicker and cheaper.

    you will have to go to court and show the biological father is unfit and also has had nothing to do with you or the child since before birth.

    me and my wife did the same with her oldest daughter a few years ago.

    adoption is very long winded and will be very expensive and social services get in voled and if you marry your partner after the birth certificate is produced you will have to adopt the baby as well.

    after your partner has been granted parental responsibility change her name by de poll.

    but above all make sure your daughter knows all about it as soon as you can get her to understand because if its kept a secret and she finds out when she is older she will not thank you for it how ever well it was meant.

    our daughter was 10 years old so new what was going on and was even asked by the judge if this is what she wanted to happen.

    she also new there was another dad out there from being very young even though he skipped as soon as he found out my wife was expecting her and had never had any contact with her.

    as a side note my daughter is now twenty and has been in contact with her biological father for the first time this year and spent a little time with him but she is still very happy things turned out as they did.

  • How do you think about the answers? You can sign in to vote the answer.
  • 10 years ago

    I understand your situation and even if your child's real father is an **hole, he is the father and the child has the right to know him and if you keep him out of the picture even though he wants contact, this may turn against you when your child is a teenager.

    The best thing you can do is go to court and arrange for child support and regular visits. Do not turn your child against their father, this is not good for their development.

    See a lawyer and a child psychiatrist.

    I know you hate his guts, but you should have thought of this before you slept with him. Let professionals deal with this because you are understandably emotional about the whole situation.

    Good luck!

  • 10 years ago

    First of all, noone signs the birth certificate. The FATHER is supposed to sign an affidavit of paternity and if you allow and your boyfriend signs knowing he is NOT the father, both of you could get in trouble for fraud.

    Second of all, in order for your daughter to be adopted, the father would have to consent.

    Any signing of affidavits or adoption of your child without the TRUE father's knowledge and consent would be fraudulent and illegal, and INVALID. It would also be a huge factor in a custody case- AGAINST YOU.

  • matt
    Lv 4
    10 years ago

    Your baby's father has rights and you cannot waive them, only he can. The two ways he can waive those rights and give them to your boyfriend would be explicitly giving consent or proving himself to be an unfit father. At this point, you are not giving him a chance to prove himself an unfit father and it appears that the odds of him giving consent are about zero.

  • Yarr
    Lv 5
    10 years ago

    Why did you tell the nut-case ex that you were pregnant???

    If he didn't know you could've told the hospital that you didn't know who the father is, and had a lawyer check the punitive father registry (which your ex wouldn't be on if he didn't know about you being pregnant) then your new bf could have adopted and become the legal father.

  • Sam
    Lv 5
    10 years ago

    A simple DNA test would void whatever you write on the BC. He has as much right to the child as you do.

    And no you can not have your boyfriend adopt the baby without the father's consent.

  • Anonymous
    10 years ago

    if he takes you to court just tell the judge that he already has one kid taken away and no it depends on the parents but in your case im not really sure but if you have any trouble im in foster care and i can ask my caseworker and see if she knows if you have any more questions

Still have questions? Get your answers by asking now.