My question involves adoption law for the State of: California
I plan on adopting my step son sometime within the next several months, but my wife and I are concerned with the issue of the biological father. I should give some back-story here.
When my wife was 17, she was raped by her father and his coworkers. She never reported the rape, ran away, and has not seen her father or any of the other men since. 9 months later, she gave birth to my stepson. Given her situation, it was clear to her that on of those men was the father. The rape is an extremely sensitive issue, my wife having been diagnosed with severe depression and PTSD from the situation.
There is no biological father listed on the birth certificate.
Prior to meeting my wife, she filed for child support. She told her counselor that she did not know who the father was. The counselor suggested that notices should be sent to each of the three men. One of them began paying child support. I do not know the specifics here, I can only speculate that one of them chose to pay child support rather that risk contesting the issue in court. (A side note, I question the legality of the manner in which this child support was obtained...another issue perhaps?)
My question concerns the implication of having this child support payment in regards to my future adoption. Will the court view this man as the child's biological father (regardless of whether or not he actually is) because of his child support payments? Will the court try to contact this person in order for him to terminate his rights as a biological father even though his name is not on the birth certificate? My wife is adamant that there will be no contact (clerical or otherwise) with this man, or any of the other men, even if it means the adoption will not happen. If she opts to discontinue receiving the child support payments (if possible), will the court still have to (or attempt to) contact the supposed father of my stepson?
Any insight here would be greatly appreciated. Thanks.
I plan on adopting my step son sometime within the next several months, but my wife and I are concerned with the issue of the biological father. I should give some back-story here.
When my wife was 17, she was raped by her father and his coworkers. She never reported the rape, ran away, and has not seen her father or any of the other men since. 9 months later, she gave birth to my stepson. Given her situation, it was clear to her that on of those men was the father. The rape is an extremely sensitive issue, my wife having been diagnosed with severe depression and PTSD from the situation.
There is no biological father listed on the birth certificate.
Prior to meeting my wife, she filed for child support. She told her counselor that she did not know who the father was. The counselor suggested that notices should be sent to each of the three men. One of them began paying child support. I do not know the specifics here, I can only speculate that one of them chose to pay child support rather that risk contesting the issue in court. (A side note, I question the legality of the manner in which this child support was obtained...another issue perhaps?)
My question concerns the implication of having this child support payment in regards to my future adoption. Will the court view this man as the child's biological father (regardless of whether or not he actually is) because of his child support payments? Will the court try to contact this person in order for him to terminate his rights as a biological father even though his name is not on the birth certificate? My wife is adamant that there will be no contact (clerical or otherwise) with this man, or any of the other men, even if it means the adoption will not happen. If she opts to discontinue receiving the child support payments (if possible), will the court still have to (or attempt to) contact the supposed father of my stepson?
Any insight here would be greatly appreciated. Thanks.
Adoption of Children: Stepfather Adoption, No Biological Father on Birth Certificate and Child Support
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