Legal Question in Family Law in Maryland

Step-parent adoption w/ no name on Birth Certificate

I am going to be married in 1 month. My fiancee wants to adopt my 3 year old daughter. Her father's name was not stated on the birth certificate, and I have dropped any paternity suits against him. I did have a suit against him seeking paternity tests, but they could not find him so I legally and officially dropped the case. I do not even know where to start with the adoption process. Since his name is not on the certificate, and paternity was never legally determined, he does not even know she exists. Can I just have my fiancee put his name on her birth certificate, she has my last name, so I would just hyphenate her name with a legal name change. Where do I start, I live in Baltimore County. Thank you.


Asked on 10/01/00, 7:13 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Step-parent adoption w/ no name on Birth Certificate

You start by filing a petition for adoption. You will have to publish a notice in a local newspaper as a way of "notifying" any interested person, including the real father, of the proceedings. This gives him a right to contest the adoption if he wishes to do so, although since he's not even aware of the child's existence as you state, that is highly unlikely.

You should retain an attorney in your area who is experienced in handling adoptions to help you with this so it's done properly and to avoid any later repercussions.

Read more
Answered on 10/31/00, 3:29 pm
Carolyn Press Chung & Press. P.C.

Re: Step-parent adoption w/ no name on Birth Certificate

You cannot have your fiance put his name on the birth certificate. You will need to file a petition for adoption (and I would suggest waiting until after the wedding). The process is not terribly complicated or expensive, but I would suggest you retain a lawyer to handle it for you. You will need to have a notice of the filing published in a general newspaper in your area, so that any "interested party" can object, which would not be likely under the circumstances. The judge may, or may not, want to have a hearing in the court before approving the adoption.

Read more
Answered on 10/31/00, 3:40 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Maryland