When my husband adopts my son, does hisbiological dad have to sign over his rights even if he’s not on my son’s birth certificate?

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When my husband adopts my son, does hisbiological dad have to sign over his rights even if he’s not on my son’s birth certificate?

Asked on February 6, 2012 under Family Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to speak to a family law attorney. I do not believe that your husband can adopt your son while his biological father still has parental rights; your son's biological father's parental rights need to be terminated, whether voluntarily or by court order, before he can be adopted. (Think of it this way: even if emotionally you can have two fathers, legally, you can only have one at any given time.) You need to advice and assistance of a family law attorney for this situation. Good luck.


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