Legal Question in Family Law in Pennsylvania
I'm the mom to a little baby boy a few months old. His biological father wants nothing to do with him. He denies it's his child. When I told him I was pregnant, he said there was no way it was his. He cut me off, changed his number, blocked me online, etc. He knew when I was due and where I was having him, as we contacted his family and let them know what was going on. They seemed like maybe they'd come around but they didn't. No one called, no one came to the hospital. I've contacted some of his friends to let them know he is still welcome to see my child or have pictures or whatever. They all tell me he wants nothing to do with me or my son. I don't care if he doesn't want anything to do with me, I feel bad for my son.
I am dating a wonderful man and we are getting married this year. He is my son's 'real' father and the man I want to raise my son and to call him Dad.
The biological father is not on the birth certificate, as he was not around to sign off on it, nor has he come around. I have not pursued paternity either, no dna tests have been done. I don't want to do any of that because I am afraid if I do, then he will have his family get him to try and get some custody or visitation to spite me.
Anyway, since he is not on the birth certificate, can I just have my boyfriend claim that my son is his, and sign the parentage form? Or would he have to formally adopt him? If he has to adopt him, do I have to first prove the biological father is actually my son's father, then ask to have his rights removed?
1 Answer from Attorneys
Stop. Before you go any where towards adoption you need to be married to the man you want to adopt him. So get married first. Then you can pursue an adoption. The adoption will be not be all that difficult. If you have questions please contact me.
{John}
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