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need advice.. cant afford a lawyer at the moment..
alright.. so my husband is not my 3 1/2 year old daughters biological father.. but, he has been in her life since I was 4 months pregnant.. and her bio dad and I split up when I was 2 months pregnant with her.. he called for the first week or two after I left.. but after that.. nothing.. I got 2 text messages saying "to see how the baby is doing" and "nevermind" when I was 5 months pregnant.. after that when I was 7 and a half months along he got put in jail/prison for stat rape!! I have not heard from him and he has NEVER seen her.. I haven't even spoke to his family since she was 3 months old.. anyways my dilemma is that I am fixing to be getting her birth certificate.. and when I had her I never wrote her bio dads name ANYWHERE when I had her.. no papers have EVER had his name on them.. just mine.. but what I need to know is if anyone knows if when I file for her birth certificate if I can change her last name to his and put his name on her birth certificate without trying to find which jail her bio dad is in to get papers signed? I am trying to avoid dealing with him.. my husband is her dad! he has supported her financially and emotionally since before I even had her! please help!! thanks in advance!!
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Want to answer more questions in the Sexual Health and Reproduction category?
Maybe give some free advice about: Adoption?
You will need to have a legal opinion something we can not give you. I suggest you contact the legal aid society where you live as this is something they can help you with.
Through them they can find the biological father and present him with the proper papers to give up his parental rights. IF he doesn't give up his parental rights and is still in prison the prison will assign up to 2/3 of whatever amount he earns to you as child support. It won't be much but whatever it is would have been canteen funds for him. Facing however long he has left in prison without canteen funds may be just what he needs to give up his parental rights.
If he does then your husband can legally adopt your daughter. As far as who's name goes on the birth certificate the legal aid lawyer will advise you. All of this should be handled by legal aid and you should not have to deal face to face with the bio dad.
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In order to have someone put their name on the birth certificate they will have to be present, You cannot put someone's name on a certificate without them there. Also, The biological father may need to give up his parental rights even if his name is not on the birth certificate. This is a court process but you can find out more information by calling the Department of Human Services in your city.
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