How can my fiance legally become my son’s father?

My fiance and I have been together for 3 years and in those 3 years he has been an amazing father to my son. My fiance treats my son as if he is the one that created him. The biological father has never had any part of my sons life; he is not on the birth certificate and never signed anything establishing that he was the father. He has not supported my son whatsoever and my son is now five years old. I want my fiance to have all of the legal rights as my sons father. Do I need the biological father’s consent even though he was never legally established as the father?

Asked on July 17, 2012 under Family Law, Illinois


Terence Fenelon / Law Offices of Terence Fenelon

Answered 8 years ago | Contributor

Thank you for a complete question with many facts.  You mention that your fiance wishes to become the child's father.  The only way is through an adoption proceeding.  Such a proceeding is not difficult if the biological father is willing to consent.  Has there ever been a declaration or judgment of paternity? has an action ever been pursued?  Do you know the location of the biological father?  if not, you may proceed by publication.  In 32 years of practice, I have never had anyone redspond.  you will have my info if you want it.  Call with more details.

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