[kenrw24]

I wish to adopt my 4 year old stepson. We live in California. There is no father on the birth certificate. There is an individual who says he is the father, and could very well be, but he has never paid child support and had no contact with my wife for about 4 years. Now he has decided he wants to be back in the picture. Does he have any rights at all? Can I adopt my boy with only my wife's consent? I'd like to do this as soon as possible so I will be the father of record with full parental rights before this individaul starts anything that could delay doing what we feel is best for our boy.

[Eventually]

Originally posted by kenrw24
I wish to adopt my 4 year old stepson. We live in California. There is no father on the birth certificate. There is an individual who says he is the father, and could very well be, but he has never paid child support and had no contact with my wife for about 4 years. Now he has decided he wants to be back in the picture. Does he have any rights at all? Can I adopt my boy with only my wife's consent? I'd like to do this as soon as possible so I will be the father of record with full parental rights before this individaul starts anything that could delay doing what we feel is best for our boy.

If there is no father listed on the birth certificate, then most likely the court will issue a DNA test which will be given to the potential father. If he is proven to be the father, then yes, he will have the same rights as your wife. If he wants to be involved in the child's life, it is unlikely that a court will terminate his rights and yes, you would need bio-father's permission to adopt your step-son.

[kenrw24]

Here is the question I really want answered-

Since there's no father on the birth certificate can I adopt him now with only consent from my wife, the natural mother?

That is the question I really want answered.

And I didn't want to know how this guy could get his rights established, because I don't care about him. I don't want him to have any and I'm not providing him any information, especially that we're planning on me adopting the little guy. My concern is, in California, can I adopt my little guy officially with only the consent of my wife, the mother, since there is no father on the birth certificate?

[DianeS]

No. Most courts nowadays recognize that since a child exists, there is a bio father somewhere. The fact that he is not listed on the birth certificate is of little importance.

The parental rights and responsibilities of the father must be terminated by a court of law, and that requires that he be notified, and have a chance to prove he's the father, and a chance to object.

Your wife can name the father, or possible father, and he will be contacted by your lawyer or by the court. (You may hear about "advertising" for the bio father, in the hopes that he won't answer the advertisement, but since your wife knows the man, it would be illegal to do it that way, and any subsequent adoption can and probably would be reversed.)

If this man is the bio father, and he objects to the adoption, he will be expected to step up and provide child support. It's at that point that many bio fathers who want to be father in name only end up backing out and agreeing to the adoption. Althernatively, they agree to the child support but never pay it - at that point they can be notified that their rights are being terminated without their consent, because they had the chance to act like a father and didn't take it. So don't lose hope.

But incidentally, and you probably won't read this paragraph, the step child you love and wish to adopt is biologically related to "this guy" you don't care about and want nothing to do with. Any criticism you imply about this man is going to be felt by this child. It would be good for you to work on your attitude about the biological father, before the child picks up on it. Children assume the strangest things, and it's a common assumption made by children that if you don't like his father, you don't like him. Keep yourself from being caught in that trap by being calm, considerate, above-board, and by all means completely legal in all your dealings with or about him.

Good luck to you!