Legal Question in Family Law in Alabama

If my daughter's father is not on the birth certificate do I have to still have him sign away his rights to her or does he even have any rights to her? How do my fiance and I go about him adopting her?


Asked on 5/17/10, 8:09 pm

1 Answer from Attorneys

Dean Stein Harville-Stein Law Offices, LLC

Your question really is, "is my daughter's biological father the "legal father" of my daughter". As a legal question, there are several factors that go into what constitutes a legal father in Alabama, and what rights they have in an adoption proceeding, including registry with the paternity registry. Without knowing more, such as were you married to him at the time she was born, etc., the question cannot properly be answered. You asked how you have to go about adopting her, and of course, you are her mother and do not need to adopt her. You say your fiance wants to adopt her, but I would proceed very cautiously with assisting him in adopting, as you indicate you have not married yet. Finally, you may decide it is better to establish paternity of the biological father with your daughter, and obtain court ordered child support instead to assist you and your fiance in raising her. Attorney Susan Harville-Stein grew up in Moulton, call us at (205) 991-5600 and we can see how we may be able to assist you with this matter.

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Answered on 5/28/10, 5:25 am


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