How to know if the other parent has any rights?

This is a strictly pa moms question only…
My fiancee and I have two kids. But our older daughter isnt his. Were getting married on the 29th and he wants to adopt my daughter. But my question is her father… he isnt on the birth certificate, hes never seen her, never bought her anything she needed. Do I sti have to get him to sign off rights, does he even have any?


Yes. you still need to contact him regardless. Im not saying this to make things difficult. You do have to get him to sign on his rights


I think legally if he is not on the birth certificate and has never had contact then he automatically has no rights


He has DNA rights to the child.

The short answer is yes he still has rights. Every state is different but to have a step parent adopt you still have to make an attempt to notify…ie publish in a newspaper for 30 days the child is up for adoption and wait. The father has the right to step up even after this time. Go to the courthouse website for your area and find the self help packet and look and find adoption paperwork. Follow the instructions. It is not simple but you can do it yourself.


Go to your county court house and talk to the people in the domestic relations department. They can walk you through it.


You should probably still inform him but his permission isn’t needed


You need to talk with a local Lawyer about it.

When we looked into this in Kansas all that had to be done was running a personal ad in the last place I knew the bio-doner-dad to have been located. That was 20 years ago. Laws change and are local.

1 Like

In Oklahoma (I know you asked for PA), you only have to alert the “father” if you don’t know where he lives by a newspaper classified post.
If no one comes forward in 3 months, he’s technically not alive to sign off

1 Like

Just looked it up , you dont need his permission

1 Like

If hes not on the birth certificate he has no rights at all and isnt even an issue.


No. Ots the same as not knowing who the father is .


No he has no legal rights if hes not on the bc or paternity was never established


Unless he’s involved in the child’s life and the child acknowledges his status as “Daddy”, he has no rights. And by the sounds of it doesn’t want to be involved? My Husband is step-Dad to my kids and has provided for them for over 20 years. I see no benefit in complicating the little ones life. :grin:


I’d contact a local lawyer. Every state is different any there are conflicting answers. A lot of lawyer offices do a free consult.

Unless this is in the USA. Then I don’t know? I speak only for Canadian law.

Your best bet is to contact a family law attorney. Most attorneys offer a free consultation. This way you will get accurate information for your particular situation. Good luck to you, momma!

In Ohio after one year of no contact it’s considered abandonment. You still have to go through the courts and notify the father in they are will be a hearing if he wants to contest it. If he does not want to Contest it the judge will sign off and your fiance can adopt. If he does contest that there will be a hearing and then the judge will make a decision based upon that

If he’s not on the birth certificate then who’s to say he’s even her dad?! So no, he doesn’t need to be involved at all.

1 Like

In Kansas all you have to do is amend the birth certificate and have your husband sign it. Then you can have her name changed. He doesn’t even have to adopt her, just state that hes accepting legal rights over her

In tennessee after 4 months is neglect and abandonment you can take that to the judge

I would think newspaper ad in whatever state you ‘think’ he might be and waiting period. Doubt he will come forward though. ‘Might’ have to pay past child support payments and sounds like he could care less about this child anyway. ‘Legal Zoom’ has free legal advice for your state. One gal here ‘McKenna’ looked it up and said 'no ’ you don’t have to do anything. I would agree with her considering what you wrote. Did he even know you were pregnant?

1 Like

After one year of no contact or financial help

Please seek actual legal advice. Every state has a process and it should be followed to avoid any issues with the birth father in the future.


If he isn’t on the birth certificate then no one has technically been acknowledged as her “father”, biological or not.

1 Like

In BC. You can phone family lawyer and they will answer your question…

You don’t know who the father is… That’s the story I’d stick too.

1 Like

Yes, you do. If her biological father wanted to come in later he could really screw up everything if he doesnt sign his rights away.

No you dont. Hes not on the birth certificate and wasnt around. No legally you dont need shit from him

We adopted our daughter in PA. No dad on birth cert but we knew he existed. I wasn’t taking any chances. Having him sign off is quicker but over 15 yrs ago he would have had to show up in court so we did involuntary termination. I am glad we did to, because when my daughter turned 18 and met her bio dad he try to state that he was her only dad as he hadn’t signed off. It felt good to to be able to say to him that here were the court papers because he couldnt bother to come to court. Good luck.

I agree to take it to the judge make sure you dot your I and cross your Ts it’s a hassle but your legally protected

Girl! I just want to say congratulations on getting married soon and finding a REAL man and daddy that you and your daughter (and other kiddo) deserve!! :heart_eyes::heart_eyes:


If he isnt on the birth certificate I’d doubt you need to do anything but file to have him adopt her. :woman_shrugging:

You can skip even asking him and make your husband a legal guardian

By NOT being on the birth certificate her dad has NO parental rights. Therefore, your husband will be able to adopt.

1 Like

Better off asking a lawyer since it’s something serious might come in hand sooner or later the signed off paperwork

Definitely seek legal advice from a lawyer and good luck also in Louisiana even if the father isn’t on the birth certificate he still has rights to the child were having an issue with my nephews father who isn’t on his birth certificate so we called a lawyer and that’s what the lawyer told us so definitely seek advice from a lawyer cuz I didn’t think he had rights but he does.

Nope!!! He has 48 hours after she is born to claim his rights! After that he has No! Say! At All!!! I Know This For A Fact As I Have Adopted My Twins At Birth And When I Was Getting Married My Father In Law Had To Adopt My Husband So We Could Have The “Lees” last name. My father in law did that when my husband was 23. He always went by Lees because his biological dad left him at 5. But … you don’t have anything to worry about at all!! Congratulations

It depends on the state

I’m in Pa and I’m pretty certain that he doesn’t have rights if he is not on the birth certificate. And the fact he has made no contact or supported her in any way you might be able to pass it off as “father unknown”. (I would seek legal advice from a lawyer just to be sure)

I’m currently going through the same thing. I’m currently trying to figure out if I need to go back to the state she was born in or if I can do something in our current state.

You will still need to get an adoption attorney but there are some cases in which a stepparent adoption can be done without the absent father’s consent

You’ll still have to go to court and he could contest it. Sounds like abandonment but it’s up to the judge.

I would get legal advice.

1 Like

Depends look it up for the state your in. Because he’s not on the birth certificate doesn’t see her or up financially it’s kind of like abandonment but that’s not the correct word.

I would talk to someone about it just to be on the safe side but I don’t think at this point he has any rights

If he isn’t on the birth certificate you shouldn’t have any problems expecially if he isn’t ever around

I am in PA and your answer is no. He has no rights. Just get a lawyer and go thru the adoption process

I’m here just to
\\ show my beautiful
> ⌒ヽ
/ へ\
/ / \\ :gem:badge
レ ノ ヽ_つ
/ /
/ /|
( (ヽ
| |、\
| 丿 \ ⌒)
| | ) /
ノ ) Lノ


I don’t think so but ask an attorney, you can get free council! Does he know about her?

Would he object for any reason?

Want to say No, but every state has different laws. I recommend contacting a legal advice in your around google family law lawyer or something. Most lawyers do a free council also when you start the adoption process you can ask them, they will help

I know where I live, he wouldn’t have any rights if he wasnt on birth certificate, but everywhere is different.

He has no rights if hes not on the birth certificate. You shouldn’t have to fight him for it especially if hes never come fourth

In Most states if he’s not on the birth certificate and y’all are not legally married when she is born he has no rights to her

No, it’s called abandonment.

He has no rights if he isn’t in the certificate