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PDF Editor FAQ

Can I try to adopt my son if my name is not on the birth certificate and his mother passed away?

If you are the biological father, then you probably do not need to adopt the child. Unless your parental rights were terminated, and another party, probably a stepparent, adopted the child. Whether or not your name is on the birth certificate is not determinative, and much will depend on state law. Were you married to the child’s mother? Was there ever a court determination of paternity? Did you financially support the child? Did you have a relationship with the child? With whom is the child living, and is it in the child’s best interest to continue in that arrangement? Has another party, such as a grandparent, been named as legal guardian? You need to retain an attorney in the state or jurisdiction where the child resides, for advice on the applicable law and how and whether it is appropriate to seek custody.

Why did CDPH deny my application to amend my child's birth certificate?

You haven't given enough information, but here are a couple of ideas:Vital Records cannot amend a birth certificate just because person wants it amended. Unless Vital Records has made an error, like spelling a name wrong, most changes require a court order. As an example, if you named your baby Jason Nicholas Smith at the hospital, but you thought it over and want him to be Jordan Niathaniel Smith, you will have to do a legal name change at the courthouse first, before Vital Records will change your son's name on the birth certificate. If you adopted your child legally, the adoption decree you received probably contains a legal name change order, and that is what you will need to give Vital Records.If you were unmarried when your baby was born and there was no father listed on the birth certificate, Vital Records cannot add the child's father to it until he has a paternity test that proves he is the father and asks to have the birth certificate amended. In some cases, he may just be able to do this at Vital Records; otherwise, he will need a court order.If you and your child's father were together —- married or not — when your child was born, and he was listed as the Dad on the birth certificate, you cannot ask to have him removed just because you broke up. As the biological father, he has some rights and responsibilities, whether or not he and you are still a couple.. One of his rights is the right to be recognized as the father, and to sue for custody or visitation if he wishes. One of his responsibilities is to pay child support, if ordered to do so by a court. His presence on the birth certificate confirms those rights and responsibilities. You would have to go to court and ask to have his parental rights severed, if you have a good reason. — for example, because he has moved overseas and hasn't seen his child in five years, or because he was found guilty of murder and is serving two life sentences. Even if he loses his parental rights, the court may be reluctant to let you remove him from the birth certificate, as he was the the biological father, even if he now has lost his parental rights.Now, assuming that you and the child's father, who is on the birth certificate, are no longer together, perhaps you have agreed to marry another man, who loves you and your child. You cannot simply substitute the new man for the biological father on the birth certificate. If your new husband wants to be considered the child's father, the first thing you must do is to ask your ex to relinquish his parental rights voluntarily. If he refuses, your new husband can't do a stepparent adoption and give the child his surname. If he does relinquish his parental rights, your new husband can do a stepparent adoption, and ask the judge to include an order permitting him to be listed as the father on the child's birth certificate.

What is the simplest way to adopt a relative’s newborn baby in Kentucky?

You will need a specialized attorney to complete the process, which involves the state Cabinet for Health and Family Services. From the Cabinet’s adoption webpage:[1]INDEPENDENT ADOPTIONIndependent adoptions are when the birth or placing parent places directly with the adoptive parent. There are two types of independent adoptions under Kentucky Law, Relative and Non-relative. The law defines relative adoption as one in which the child is “sought to be adopted by a stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt, or great uncle”. For these adoptions, the Cabinet will complete a court report after the petition is filed. For Non-Relative independent adoptions, applicants must submit the DPP-187 Independent Adoption Application to the Adoptions Section, DCBS Central Office, with a non-refundable fee of $200.00. Once received, Cabinet staff will determine if the family will qualify for the Cabinet to complete the investigation, or if the family will need to have a private agency complete the report. Eligibility is determined based on 250% of the current poverty guidelines. If you have questions about any of these types of adoptions, please call Central Office Staff at (​800) 232-KIDS.You may wish to phone the state office at (​800) 232-KIDS for general information, before searching for an appropriate attorney in your area.The Kentucky Bar Association links to attorney referral services in the state.[2]Footnotes[1] Private Adoptions - KY Adoption[2] Lawyer Referral Services - Kentucky Bar Association

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