So your husband wants to adopt your child. Problem is, you can’t get the biological father’s consent consent, because you don’t know who he is.
Because he was a stranger you met in bar. Or you were a bit promiscuous at that time. Or you were at Wyoming’s Big Show in Rock Springs, had a good time at the concert, then went to a party with your friends, and woke up on a couch without all of your clothes on.
So you end up pregnant. You go into labor with your best friend coaching you, and give birth to a healthy, beautiful baby boy. You are a little embarrassed to tell the people at the hospital that you don’t know who the father is. But you name him Joseph after your grandpa, you give him your last name, and you eventually get your son’s birth certificate, which has no father listed.
Your continue working your job as a receptionist at the insurance agency. Your boss is good to you, and lets you flex your schedule to take your son for his checkups, etc. After work, you pick up little Joseph from your mother’s or the baby sitter’s. You take him home and play with him, feed him, bathe him and then put him to bed. You then have an hour or two to clean, do laundry, and a few minutes for yourself.
Life is pretty good, but money is tight. Baby sitters, diapers, and formula are expensive. You don’t have the money, or the time, to go out with your old friends. Hanging out with Joseph is awesome, but you miss the company of adults. You get a little lonesome sometimes.
One day you are in the fruit and vegetable section of the grocery store, looking for those perfect avocados. You pick them up one by one, giving them a gentle squeeze. Then up walks a guy and starts doing the same. The two of you start discussing avocados. He smiles at Joseph, who smiles back. Avocados lead to food and cooking, and before you know it, you have been talking to the guy for fifteen minutes.
His name is Ben. He asks you out and you start dating. He likes Joseph and Joseph likes him. He does not care about you not knowing Joseph’s father, because that happened before him. You and Ben get married, you have a daughter. Joseph has been calling Ben “dad” for a while now, and Ben wants to adopt Joseph to make things official.
What now?
Adoption Requires the Consent of the Natural Father
In Wyoming, a step parent adoption requires the consent of the natural father, unless the adoption can be granted over his objection. If the father is unknown, then there is no one to consent.
If Father is Unknown, Mother Must File an Affidavit Stating So
When a mother does not know the name of the father, she must file an affidavit stating that she does not the father, giving the reasons why she does not know him. This affidavit must be file with the petition to adopt.
The Court will then determine whether or not anyone has registered in the putative father registry. If someone is listed there, then the Court will require that the person be served with the petition.
Unknown Father Served by Publication
If no one is listed as the father of the child in the putative father registry, then the Court will most likely require that the unknown father be served by publication.
A part of this process is placing an ad in the local paper with a Notice of Petition to Adopt. The notice will include the names of the child’s mother and her husband, and it will state that the husband filed a petition to adopt the mother’s child, and that the name of the child’s father is unknown.
The Notice will be published once per week for four weeks. The unknown father will then have thirty days from the date of the last publication to file his objection to the adoption.
If no one files an objection, then the unknown father will be defaulted, and the adoption will be granted.
Unknown Father Comes Forward and Objects to Adoption
Believe it or not, sometimes a man will come forward, claim that he is the father, and object to the adoption. Perhaps they see the publication and they recall that wild night after the fair. Or they have seen you on social media, and recall your one night stand.
If an unknown father steps forward, the Court will order genetic testing to determine whether or not that man is actually the father of the child.
If he is, then the petition for adoption will probably be denied.
If he is not, then the adoption will probably be granted.
Conclusion
As you can see, a husband can adopt his wife’s child, even if the natural father is unknown.
By Steve Harton
If you would like some help with an adoption, schedule an appointment on line, or call 307-382-5545.
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