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About Peter C. Winkler, CSW
Expertise
I have experience with adoption subsidy, the Interstate Compact on the Placement of Children and variety of other adoption related matters. I hope that I can be helpful to those who are considering adoption or would like to adopt a child.

Experience
I am a social worker with an MSW and I have over thirty years of experience in family and children's services. I have worked as Director of adoption services and of the Interstate Compact in a large state agency. I have also provided direct services to children and families in a preventive services program. I currently prepare adoption studies for those who are adopting domestically or internationally.
 
   

You are here:  Experts > Parenting/Family > Adoption > Adoption Issues > Having Birthmom List Adoptive Father As Legal Father

Topic: Adoption Issues



Expert: Peter C. Winkler, CSW
Date: 9/30/2007
Subject: Having Birthmom List Adoptive Father As Legal Father

Question
Well, here goes.  Someone mentioned to me that I could have a cheaper adoption if I had the birthmom list my husband as the father on the birth certificate.  The bio. father has said he doesn't want anything to do with the mother or baby when it's born.  The father is also in jail at this moment and will probably be there for a while.  The mother is 5 mos. pregnant and lives in another state than we do.  The father also lives in another state.  Would this be legal for her to lie and say that my husband's the father?  Also would it be difficult for me to adopt the child and will there be DNA tests?  I know this sounds risky and is something I am not used to doing, but it sounded like something that might could work.  We know otherwise that it's going to be a costly adoption and we would have to go through three different state laws.  I thought this might be an easier and less troubled way to do it.  We have met the birthmother before.  She actually used to live next door to my husband's father in the state that the biological father lives.

Answer
Michelle-You could be setting yourself for years of problems if you encouraged the birthmother to lie about the father of her baby.  If she still wants to place her child for adoption after birth, it should be relatively easy to get the birthfather to sign a legal relinquishment (which will free him of any legal or support obligations to the child).  I think it is a good idea for you to locate a lawyer who does a lot of adoptions and meet with him or her to discuss what steps and costs are likely to be involved in the adoption.  It appears that the child will be born in another state, which would mean the Interstate Compact for the Placement of Children will have to be followed.  It will help a lot to have everything lined up before the child is born.

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