Stepchild Adoption - unknown father

[ilove-t 0]

Hi, my husband wants to adopt my 5 year old son. He does not have a father listed on his birth certificate and he was born in the Philippines. Is there anyone here who had the same situation? Did you have to do diligent search and "citation by publication"? Please share some insights. Thank you very much!

[NikLR 13,227]

~~removed duplicate topic in another forum. Please do not post more than once.~~

[Hank_ 9,174]

Hi, my husband wants to adopt my 5 year old son. He does not have a father listed on his birth certificate and he was born in the Philippines. Is there anyone here who had the same situation? Did you have to do diligent search and "citation by publication"? Please share some insights. Thank you very much!

The process varies from state to state, I suggest contacting an adoption attorney in your area

[Brassballs 47]

As Hank said, it is state dependent. I would suggest doing a google search to gather some basic information before contacting an attorney.

In Ohio the adoption laws vary from county to county. Although in some counties it is possible to do a minor adoption without attorney assistance, that is not the case in the county we live in so I'll have to find an attorney to file our paperwork. I would think that if there is no father listed on the birth certificate the filing will be easier than if one was listed but out of the family picture.

[ilove-t 0]

Thank you very much for the response. I do wish that hiring a lawyer is not expensive

I did do my research and almost everything says (including the lawyer) if the father is unknown I will have to do diligent search including the putative registry and citation by publication. And and attorney ad litem will be appointed which I will have to pay for.. Total cost according to a lawyer I talked to would be around 5k USD.

But the family code (pasted below) clearly says publication is not required in my case. Also, in the Philippine law, since my son is illegitimate, i have the sole parental authority. I was just hoping there is someone who undergone the same process and can share insights.

Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED BIOLOGICAL FATHER. (a) Except as otherwise provided by this section, the procedural and substantive standards for termination of parental rights apply to the termination of the rights of an alleged father.

(b) The rights of an alleged father may be terminated if:

2) the child is over one year of age at the time the petition for termination of the parent-child relationship or for adoption is filed, he has not registered with the paternity registry under Chapter 160, and after the exercise of due diligence by the petitioner:

(A) his identity and location are unknown; or

(B) his identity is known but he cannot be located;

(c-1) The termination of the rights of an alleged father under Subsection (b)(2) or (3) rendered on or after January 1, 2008, does not require personal service of citation or citation by publication on the alleged father, and there is no requirement to identify or locate an alleged father who has not registered with the paternity registry under Chapter 160.

Edited February 24, 2016 by ilove-t

[Darnell 8,478]

is the child still in the PI ? ARE YOU still in the PI ?

IMO, don't chase adoption until the TWO of you are inside the USA.

It's just easier.

[Hank_ 9,174]

timeline shows she is in the USA

[Darnell 8,478]

ya, but does she HAVE to follow any PI law once the two of them are inside the USA ? If'n she's actually in Texas - then Texas law applies.

[Brassballs 47]

Where is your cut and paste from? A Texas document or Philippine document? Is your son residing in the US with you?

Shop around for adoption lawyers in your county. Ask how many successful adoptions they have filed in the previous year. Phone calls and estimates are free. Ask if quote includes ALL local filing fees or just his fees.

See if you can DL an adoption packet to read through even if you cannot file them. That should give you an idea of filing documents that will be required.

[Hank_ 9,174]

ya, but does she HAVE to follow any PI law once the two of them are inside the USA ? If'n she's actually in Texas - then Texas law applies.

Exactly. She needs to follow Texas law