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Familylaw Guru
Familylaw Guru, Attorney at Law, JD
Category: Family Law
Satisfied Customers: 1349
Experience:  Experienced in divorce, child custody, child support, paternity issues, and parental rights.
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very confused about what to do

Resolved Question:

Okay here I go my sister got pregnant and she says its my husband but he says he never touched her. She wants to put him on the birth certificate and sign her rights away. We were planning on adopting the baby but we were told that with his name on the certificate we wouldn''t have to adopt. I guess my question is if she has signed her rights away and we are married can I put my name on the birth certificate and what rights do I have to that child? I don''t want to be a step mother I want to be the mother. I have been caring for the baby since at the hospital when he was born . Or for me to be the mom will we have to do a adoption?
Submitted: 8 years ago.
Category: Family Law
Expert:  Familylaw Guru replied 8 years ago.


For you to legally be the mother, you will have to adopt. If your husband's name is XXXXX XXXXX the birth certificate as father, he can remain there; however, you will need to have consent from him as well as the biological mother. These are all standard documents that have to be submitted with the petition for adoption.

I would suggest getting an attorney to do this for you as adoption is purely statutory, meaning all documents have to be submitted accurately for the adoption to be approved.

You WILL have to adopt if you want to have rights to this child and be listed as mother. Once the adoption is approved, you will then be listed as mother on the birth certificate.

Please don't forget to ACCEPT so that I may be compensated for my time.


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