Legal Question in Family Law in New Mexico
Non-Paternal Father/Adoption Rights
I recently became pregnant. As much as I want him to, the biological father of this child does not want to have a part in our child's life. A very dear friend of mine has asked me to marry him so that my child has a mother as well as a father.
Since there is no question who the biological father is and I plan to be married before this baby is born, are there any legal documents that need to be prepared so that my friend, the non-paternal father, will be the legal father of this child when he is born?
Is there something that I can to ensure that in the future the biological father cannot seek custody since at this point, he does not want anything to do with our baby? The biological father and myself are not at odds in any sense, but I am trying to prevent any future problems.
Thank you so much for your help!
1 Answer from Attorneys
Re: Non-Paternal Father/Adoption Rights
The best way to do what you wish is to do an adoption. However, the adoption rules (laws) are quite extensive and involved. I could not write sufficiently in detail here to answer your question or to anticipate the other questions which would arise by virtue of what you will think about when discussing adoption.
Some lay persons believe that marriage is a way to perform an adoption. This is not true. You can be "not married" and still adopt the child with another. But, being married at the time the child is born does not make it a child of the marriage. I urge you to spend time speaking with a family lawyer.
There are attorneys in NM that answer questions here at the law-guru who perform adoptions. You can look up other answers and find their names or you can also call the state bar of new mexico lawyer referral service and obtain names of attorneys there. You can also look in the telephone book under "divorce" or "family" attorneys. Lawyers who practice divorce law normally practice all aspects of family law.
The man you call a friend sounds like a true friend indeed. I wish you luck.
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