Do I need to file for full custody of my daughter so that my husband can adopt her if her biological father is not on the birth certificate?

I have not seen or spoken to the father since conception.

Asked on May 29, 2012 under Family Law, Virginia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

What you need to do is to have the biological father's rights terminated in order to ask the court to allow your husband to adopt her.  Generally this can be done in the same proceeding.  It is easiest to do if the biological father voluntarily terminates his rights but you are not in contact so that may be an issue.  I would speak with an attorney in your area.  Good luck. And congratulations. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.