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About Colleen
Expertise
I can answer questions about the adoption process. I don't handle questions about searches for adoptive parents.

Experience
I have three adopted children. The two youngest were adopted as infants. In both cases, we dealt with the birthmother during her pregnancy and a bit afterwards. Our children are now old enough to begin asking questions and we are dealing with those issues.
 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Sign any adoption paper without proof of paternity?

Topic: Adoption Issues



Expert: Colleen
Date: 7/23/2008
Subject: Sign any adoption paper without proof of paternity?

Question
Should I sign any adoption papers stating that I relinquish all my paternal rights if I'm unsure if the baby is mine or not?  My ex says that she is serving me with adoption papers and that if I don't sign them I can get subpoenaed to sign them by a court and have legal action against me.  In our situation it is best for to have the adoption, so I have no problems with it, however, I'm not 100% sure I am the father.  She is due in about 9 weeks.  I wanted her to get the test done while still in the womb, but she didn't want to and is too far along now.  I don't want to sign anything stating I'm the legal father without a DNA test.  Is there any legal form I can sign to appease her wanting me to sign the adoption papers but still state that I'm unsure if the child is mine until a test is done?  I don't want to sign this and have here change her mind last minute and me be responsible for a child that isn't mine.

Answer
First of all, no court can subpoena you to force you to sign away your paternal rights.  Second, you should not sign any papers until you are sure the child is yours.  If she refuses to have a DNA test done now, just be sure it is done after the baby is born.  You need to protect your rights, and the best way to do that is to contact an attorney.  If you can't afford one, then just be 100% sure you are the father before you sign the papers.  DO NOT let her rush you into anything.  

Also, if you sign away paternal rights, and you are not the father, the real birth father can sue to get the baby back from the adoptive parents sometime in the future if he finds out he is the father.  This could be a very sticky situation for all of you.  Don't do anything until you're sure.

Good luck!

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