If my son’s father isn’t on the birth certificate and has had no contact with my son, canI sign away my rights to my son to my parents?

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If my son’s father isn’t on the birth certificate and has had no contact with my son, canI sign away my rights to my son to my parents?

Can he contest that adoption?

Asked on October 16, 2011 under Family Law, Massachusetts

Answers:

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

Answered 9 years ago | Contributor

If you are not now nor never have been married to the father of your child you are deemed to have sole custody of him under the law.  But generally speaking - and you really need to have an attorney help you with this all to do it right - the father's rights will need to be terminated in some manner in order to have some one else legally adopt your son.  If the father does come back at some point in time and want to have a parental relationship with his son - it seems yo know who he is and he knows he has a son - then he can try and set aside the adoption.  But really double check on this with an attorney in your state. I just want to make sure that ther are not glitches.  Good luck.  


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