[berrymorin]

My husband and I are filling out the paperwork and noticed that if the birth parent is out of state that they sign a consent before a notary. I have not had any contact with my son's biological father for 10 years +. He's name is not on our son's birth certificate. My husband has been financially and emotionally responsible for our son since he was 2 years old. How would do get around that requirement?

[Searching_03256]

berrymorin, each state is different but GENERALLY you will have to prove to the court that you made a reasonable attempt to locate them. What is reasonable here in Oregon varies county by county and even within a county judge by judge. You will have to determine what is sufficient for you in your court - your attorney should be able to help you with this (an example of the many 'little' things that a knowledgable attorney can do for you).

Once this is done, then you will generally be able to "publish" some sort of order for him to appear/object or just receive notice of/to the adoption. Again, varies state by state.

Then, after a certain time, the court will create a legal fiction that he has received notice.

FIRST OF ALL - I am stepping back here because I just re-read your original message - in most states there are different rules depending on whether he is the legal father. This term is different than biological father. You should make sure that you even have to notify him at all. If at all in doubt, DO.

Good luck - Scott