independent adoption question on B fathers and interstate?

You need to seek the advice of an attorney who is versed in Interstate Adoptions. This will fall under ICPC. The paternity stuff the attorney would assist in sorting out with you or will give you guidance on where to start. Since you are not related to the n/mother or to the child I really believe ICPC will apply.

ICPC= Interstate Compact on the Placement of Children

http://www.abcadoptions.com/icpc.htm <-great information/addresses

In most state, the legal father would be the husband whether biological or not so his rights would have to be terminated.

You may want to consult an adoption agency or adoption lawyer just to make sure you know the facts. I read somewhere that if the father does not know his child was put up for adoption, when he does find out (which could be years later) he can try to get custody/adopt the child. I live in PA and could help with any other info you may need.

You need to contact a lawyer that has experience in private adoptions. The bio-father will have to be located so he can be given the chance to parent the baby. She needs to have an idea of who the father is, tell her to start working on that now.

Establishing Paternity for your Child is in your Hands

Click here to request an Acknowledgment of Paternity (AOP) Form

Click here to see a sample AOP Form

What is paternity?

In Pennsylvania, when a child is born to a woman who is unmarried, there is no legal relationship between the father and the child. A father of a child born to an unmarried woman is not the father for legal purposes unless:

* Both parents have signed an Acknowledgment of Paternity form, or

* A Domestic Relations Section (DRS) or court has entered an order that establishes the legal father of the child.

Note: Under current Pennsylvania law, when a child is born to a married woman, the husband is the presumed legal father of the child.

What is an Acknowledgment of Paternity form and when can it be signed?

If the mother is unmarried, she and the father may sign an Acknowledgment of Paternity form. At the time of birth, the hospital staff will give the unmarried mother and birth father an Acknowledgment of Paternity form to complete.

After leaving the hospital, if both parties wish to file an Acknowledgment of Paternity, the form can be obtained at County Assistance Offices (CAOs), DRSs, or by contacting the Department of Public Welfare, Bureau of Child Support Enforcement, Paternity Coordinator, at 1-800-932-0211, option number 4. Someone at all of these places can help you complete the form.

An Acknowledgment of Paternity form must include the signed consent of the birth mother and signature of the birth father. The signatures must be witnessed by someone other than the birth mother or birth father. Then, the form is recorded as an acknowledgment of paternity.

A voluntary Acknowledgment of Paternity may be cancelled by either party within 60 days after the form is signed or the date of a court proceeding related to the child, whichever is sooner. After the 60 days, the acknowledgment of paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, which must be established by clear and convincing evidence.

Do Not Sign The Acknowledgment of Paternity form if either party is unsure of who is the father.

Instead, contact or go to your county DRS to have paternity established through the court. The court may order genetic testing. Click Locate Domestic Relations Section to find the telephone number of your county DRS.

What if the birth mother will not sign the Acknowledgement of Paternity form?

A man claiming to be the father of a child may make a claim of paternity. The man needs to complete the father and child's sections of the Acknowledgment of Paternity form. This allows the man to be notified of certain legal proceedings about the child, but does not give him any parental rights. If the man wants parental rights, he may go to the DRS and request genetic testing.

What will establishing paternity do for my child?

When you establish paternity for your child, your child may be eligible for the following:

Birth Certificate

Your child's birth certificate will show the name of the father.

Health Care Benefits

If the father's employer provides health care benefits, the father may be able to include the child under his health care plan.

Social Security

The child may be eligible to receive Social Security benefits if the father becomes disabled or dies.

Inheritance

Upon the death of the father, a child may have the right to inherit from his estate.

U.S. Military Benefits

The child may be entitled to benefits as a result of the father's service in the military.

Child Support

The court will order the father to pay child support until the child turns 18 or graduates from high school, whichever occurs later, unless otherwise ordered by the court. Fathers who pay child support tend to be more involved in their children's lives and children who receive child support appear to perform better in school and are less likely to become teen parents.

I don't know who the father is, what can I do?

Contact the DRS for help. Click Locate Domestic Relations Section to find the telephone number of your county DRS.

I do not know where my child's father is, what can I do?

The DRS can help you locate the father if you want to establish paternity. Click here for more information about how the DRS can locate a noncustodial parent.

What must I do if I am receiving cash assistance for my child?

If you receive cash assistance benefits, the law states that you must cooperate in establishing paternity and obtaining a child support order, unless there is good cause to excuse you from doing so. Tell the CAO if you have Good Cause or Domestic Violence concerns. For information about Good Cause and domestic violence click on these links Child Support and Cash Assistance and Domestic Violence: Addressing Safety Risks In The Support Process.

Who do I call if I have questions?

If you have more questions, contact the Department of Public Welfare, Bur