I was raped by my child's bio-father & he isn't on the birth certificate & there is no paternity done. Back then I was scared & ashamed to tell anyone (even the cops) because he threatened my life. I was wondering if my boyfriend (the only one she knows as "daddy") can adopt her? Or would I have to establish paternity first? :confused: I was told that since it took place years ago, that I can't prove it was rape & her bio-father would have rights if I ever pursued adoption. Is that true? & will my boyfriend be able to adopt her?

I am sorry that you had to go through that.

Is the biological father someone who you KNOW? When did the assault occur? Also, what was your age at the time of the assault? There is a statute of limitations for prosecuting sex crimes, but it varies depending on the circumstances.

As far as adoption, I do not believe that your boyfriend can adopt the child unless you are married. Usually you have to be married for one year, but in some states it is 6 months.

and I also think bio dad's permission would have to granted or his rights involuntarily terminated- but you have to prove he has WILLFULLY abandoned the child and since he doesn't know, he couldn't have

the assalt happened 3 years ago, I was 16 & he had just turned 16. He was someone I knew from back in school. He does know about my child, he acctually almost made me miscary on two diffferent occations. After she was born, I was forced to let him see her & he really wanted nothing to do w/ her. & he to this day doesn't have anything to do w/ her. & he hasn't tryed to persue trying to get rights, so he still doesn't have any. But I was wondering if I would have to establish that before she would be able to be adopted? Or would the courts leave him out of it because nothing says that he is her bio-father? I'm really scared of him, I heard that I would be able to deny a peternity test to be done out of saftey for me & my child?

you could have his rights terminated involuntarily for abandonment, but he has to be the legal father. Your best option would be- when the time is right (you've been married a year,etc) contact him and ask him to legally establish paternity and sign a termination to his rights. Offer to pay for it all. Explain that you need the adoption. You can also mention that you will be going to establish child support (if he doesn't agree). chances are he'll do it to get out of the support

i don't think you could deny a paternity test - have you consulted a family law atty- most will give free consults. why were u forced to let him see her if he had no rights

I think the statute of limitations for rape against a minor in WA is 15 years. have you considered prosecuting him? A prosecutor could tell you exactly what you would need and what your chances are. You could call the DA's office and speak to someone about filing charges.