How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask KJL LAW Your Own Question
KJL LAW, Lawyer
Category: Family Law
Satisfied Customers: 1361
Experience:  Attorney at law Office of KJLLAW
Type Your Family Law Question Here...
KJL LAW is online now
A new question is answered every 9 seconds

My ex and I want to have m adopt our daughter that is not

Customer Question

My ex and I want to have him adopt our daughter that is not biologically his but he's been her father since before she was born. Her biological dad is not involved and never has been and also denies paternity completely. Can my daughters acting father adopt her and can he be added to birth certificate? Right now there is no father on birth certificate. We live in utah.
Submitted: 1 year ago.
Category: Family Law
Expert:  KJL LAW replied 1 year ago.

Good morning. Under Utah law a step parent can adopt providing the birth father has paid no support and has had no contact with the child for one year, then stepfather may adopt in most states without permission of the birth father. Before adopting a stepchild the adopting parent must be married to the adoptee's custodial parent; the adopting parent or the adopting parent's spouse must be at least 10 years older than the adoptee; and the adoptee must have lived with the custodial parent and the stepparent for one year (this can be waived by the judge).

If everyone who must consent to the adoption does so, and if everyone who has the right to notice of the adoption and the right to intervene waives those rights, then the procedures for adopting a stepchild are relatively simple:

You must file a petition for adoption the required documents, attend the hearing that is scheduled, and the judge will sign the Adoption Decree.

The court will not add his name to the birth certificate unless he is the biological father. I hope this helps with your question.