I live in TN

My daughter is 12, and was born here.

Her bio-father left when she was 1 year old & we saw/heard from him last when she was 2. His name is not on her birth certificate and he refused to sign the paternity affidavit.

My husband would like to adopt her, and she would like for this to happen.

I read on the web that I would have to contact him for this to happen, and so I searched for him, and while I was unable to find him I found his brother who gave me his number this morning.

I called today and asked if he would sign off on adoption papers, and he refused. I realize I will need to seek a good attorney next week, but in the meantime I was wondering how this might play out. I thought I might have grounds for abandonment, but what happens if he says after all these years he will be a part of her life, can he undo 11 years of being gone on a whim, wish and a smile?

What possible scenarios do we face here?

Does anyone know a great family law attorney in Nashville, TN?

Statutes:
Website for Statutes:
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0
Citations:
Adoption: Title 36, Chapter 1
Child Protection: Title 37, Chapter 1, Parts 1, 4, and 6
Child Welfare: Title 37, Chapter 1, Part 1; Chapter 2, Parts 2 through 4; Chapter 3, Part 6; Chapter 4, Part 2


Regulation/Policy
Website for Administrative Code: http://www.state.tn.us/sos/rules/rules2.htm
Note: See Chapters 0250 and 1240

Website for Agency Policies: http://www.state.tn.us/youth/policies/index.htm



Circumstances That Are Grounds for Termination of Parental Rights
?? 36-1-113; 37-1-166


The parent has abandoned the child.
The parent has been found to be mentally incompetent to adequately provide care for the child.
The parent has committed severe child abuse against the child or any sibling or half-sibling.
The parent has been incarcerated for a sentence of more than 2 years for conduct against the child.
The parent has been incarcerated for a criminal act for a sentence of 10 or more years, and the child is under the age of 8 years at the time the sentence is entered.
The parent has been convicted or found civilly liable for the intentional and wrongful death of the child?s other parent or legal guardian.
The parent has subjected the child to aggravated circumstances.
Reasonable efforts to rehabilitate the parent have failed.
The parent has committed:
Murder or voluntary manslaughter of sibling or half-sibling of the child
Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of the child or any sibling or half-sibling
A felony assault that results in serious bodily injury to the child or any sibling or half-sibling
The child has been in foster care for 15 of the most recent 22 months.
The parent has failed to support the child in accordance with the child support guidelines.
The parent has failed to seek reasonable visitation with the child, or when visitation has been granted, has failed to visit.
A person has failed to establish paternity within 30 days after notice of alleged paternity.
Parental rights to another child of the parent have been involuntarily terminated.



Circumstances That Are Exceptions to Termination of Parental Rights
? 36-1-166

At the option of the department, the department may determine that a petition to terminate the parental rights of the child's parents shall not be filed if one of the following exists:

The child is being cared for by a relative.
The department has documented in the permanency plan a compelling reason for determining that filing such a petition would not be in the best interests of the child.
The department has not made reasonable efforts to provide to the family of the child, consistent with the time period in the department permanency plan, such services as the department deems necessary for the safe return of the child to the child's home.



Who Must Consent to an Adoption
Citation: ?? 36-1-110; 36-1-111


A parent under age 18 shall have the capacity to give consent to adoption.
A guardian ad litem may be appointed.
The child's parent or guardian must consent.


Age When Consent of Adoptee is Considered or Required
Citation: ? 36-1-117

A child 14 years of age or older must consent to his or her adoption.


When Parental Consent is not Needed
Citation: ? 36-1-113


There is no person qualified to give consent.
The parent:
Has abandoned the child
Has shown substantial noncompliance with a permanency plan
Whose child has been out of the home for 6 months
Has committed severe child abuse
Has been imprisoned for 2 years for conduct against a child
Has failed to support, contact, or visit the child


When Consent Can Be Executed
Citation: ? 36-1-111


No surrender shall be made prior to the 3rd day after the child's birth.
The count starts on the first full day following birth.
The court may, for good cause shown, waive the 3-day waiting period.



How Consent Must Be Executed
Citation: ? 36-1-111(b)


Surrenders shall be made in the presence of a judge, and the court shall advise the person of the parent's rights, the time of the hearing, and procedure.
The court may accept notarized statements if someone is unable to surrender in person.


Revocation of Consent
Citation: ?? 36-1-112; 36-1-118


A person may revoke a surrender within 10 days if such revocation occurs in the presence of a judge.
After 10 days, a surrender cannot be set aside unless the court finds reasons the adoption should not go forward, as detailed in ? 36-1-118.
A surrender may be revoked at anytime prior to the entry of an order of confirmation of parental consent by the court.
The surrender may be revoked if there is clear and convincing evidence of fraud, misrepresentation, or duress.



Jurisdiction
Citation: ? 36-1-102(16)

The chancery or circuit court


Venue
Citation: ? 36-1-114

The county where:

The petitioners reside
The child resides
The child resided when a child-placing agency gained custody
The licensed child-placing agency having custody or guardianship is located



Does State have a Putative Father Registry: Yes

Registry/Paternity Requirements to Receive Notice
Citation: ?? 36-2-318(e)(3); 36-2-318(j)


The putative father may file a notice of intent to claim paternity prior to the child's birth or within 30 days after the child's birth.
The putative father must file a complaint for parentage within 30 days from the receipt of notice of adoption proceedings.


Information Contained in Registry/Claim
Citation: ? 36-2-318(e)


Name and address of the putative father, the child, and the birth mother for whom an order of parentage has been entered, and those for whom the registrar has a record that any acknowledgment of parentage was executed.
Names of persons who have filed a notice of intent to claim paternity
Names of persons who have been adjudicated by any court to be the father of a child born out of wedlock
Names of persons who have filed with the registry of this or any other State an acknowledgment of paternity
Any other information that identifies the child or the child's whereabouts


Revocation of Claim to Paternity
Citation: ? 36-2-318(g)


The putative father may revoke a notice of intent to claim parentage at anytime in writing.
A revocation is effective as of the date it is filed.



Access to Information Maintained in Registry
Citation: ? 32-2-318(h)

Any notice of intent to claim paternity may be used as evidence by any other party in any proceeding in which the parentage of a child may be relevant.



Who May Adopt
Citation: Ann. Code ? 36-1-115
Any person over age 18 who has been a resident for at least 6 months may adopt, with the following stipulations:

Spouses must petition jointly.
Foster parents are given first preference on adopting their foster child.



Who May Be Adopted
Citation: Ann. Code ? 36-1-115

Any person may be adopted.


Who May Place a Child for Adoption
Citation: Ann. Code ? 36-1-108
Only the following may place a child for adoption:

The child's parent
The department
A licensed child-placing agency
A licensed clinical social worker

The putative father may file a notice of intent to claim paternity prior to the child's birth or within 30 days after the child's birth.
The putative father must file a complaint for parentage within 30 days from the receipt of notice of adoption proceedings.



OK, so after my husband and I initiate proceedings bio-dad has 30 days to respond, and if he does respond does that remove the prior decade of abandonment automatically, or does the judge decide?

Is there an outcome that is more common than others in cases like mine?

Also, thanks for your reply.

Go online and figure out how much child support he would owe for the past 12 years. Even if he made minimum wage, the amount would be in the thousands of dollars. Make sure he realizes that you will go after every penny once he is proven to be the father.

Make sure to pull out all the past medical and day care receipts as he will be responsible for half of all that.

then you cant say he has abandoned the child when as of right now, the child is not legally his. you need to establish paternity, then ask him if he will sign over his rights so your husband can adopt.

carriesguy, rather, Kelly,

Please go away. You offer nothing more than the myopic view of a woman who has lost custody of her children, and do nothing but give false and misleading information to all that want their husbands/ wives to adopt the children who's own father/ mother do not give a crap about them.

You are mentally ill and your games will not be tolerated no matter what you are calling yourself this month.



Reacted,

Please pay no attention to the troll who calls herself "carriesguy". She has a personal vendetta against anyone wanting to adopt children.

Unless he has registered with the Putative father's registry as stated above, "The putative father may file a notice of intent to claim paternity prior to the child's birth or within 30 days after the child's birth.", he cannot object to the adoption of the child. If he has registered, he has the 30 days to object after receiving notice of the adoption. If he has registered and responds, he will have to prove paternity first, and then have to answer for why he has not attempted to support or have a relationship with the child. Unless he has been in prison all this time, that would be a pretty neat trick. Then again, one of the reasons for termination of parental rights is serving a 10 or more year sentence and your daughter would have been under eight when the sentence was imposed.

You have a really strong case and I hope all goes well for you and your family. I really don't see much of anything standing in your way.

Thanks so much for your reply! I left a message at one attorney and am waiting for a call back.

My only real concern now, is that since I called him, I keep having a nagging feeling I poked a sleeping rattlesnake with a stick :eek:

I'll keep posting what I find out, and if everything goes well (please lord) I will pay it forward by sharing my experience.

I would say when he sees how much in back support he would owe- he will gladly sign. Amazing how they want to be parents until it hits their cashflow

I am also looking to adopt my stepdaughter and am TN, so please keep me posted. I am just waiting on the marriage time frame to be over

Well I got in to see an attorney today!

He says there's pretty much no chance that bio dad has a leg to stand on, 10 year is 10 years.

Anyway, I will continue to keep you posted, and hope that everything works out well for me. Worst case scenario is that bio dad drags proceedings out for a long time and lots and lots of money, but my attorney said if Bio-dad had been the one to come in and see him, he would have told him he has no case. So currently I am hopeful.

Yea! on a terrific first step. There is always the possibility that sperm donor will kick up a fuss but I can't imagine a judge hearing anything other than "I was in a coma for 10 years" and letting a legal battle go very far.