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You need to see a lawyer. Look for "Legal Aid" in your state as they offer free or low-cost legal advice.

If someone is the "biological" father, he doesn't adopt the child, it is his child. He is legally obligated (in the USA) to provide support (money) for the child's needs. The only exception is if the mother was married to another man at the time of the birth, then legally the husband is considered the baby's father (even if everyone knows and admits that the other man is the baby's biological father).

If you're asking whether the biological father can be forced to take care of the child in his own house, the answer is "no" he can give up his parental rights to the child.

If you're asking whether the biological father can take the child away from the mother and her boyfriend/husband, the answer is "maybe" if he can PROVE to a court that the baby's mother is unfit and he (the biological father) is a better parent.

If the father WANTS to be involved in the baby's life even though the mother has a new boyfriend/husband, the father MUST be allowed to have visitation with his child. Not allowing him to see the child may cause the courts to consider the mother not fit to raise the child.

Again, GET LEGAL ADVICE from a lawyer.

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14y ago
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14y ago

You cannot adopt a child if the father still has legal rights over that child. The father would have to sign the child over to you. that is the only way you could adopt the child. marriage has nothing to do with it.

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13y ago

Yes, if a court terminates the biological father's parental rights on the grounds that he is an unfit parent, or the biological father fails to appear for hearings on the matter.

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15y ago

technically no

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Q: If the biological father has no rights do you need his permission when adopting the child when marrying the biological mother?
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