To begin the process, he can sign an affidavit of paternity and file it with the court. This resource provides basic information about a biological or putative fathers rights and putative father registries. Copyright 2012-2022 You may want to consider contacting a lawyer. The original birth certificate will list the birth mothers name, as well as the name she gave to the child. The child exists, therefore there is a father, and therefore there are rights to be terminated. Just a note that open adoption doesn't mean that you'll have access to the original birth certificate. When a married couple has a child, the man is automatically presumed to be the father and has full legal and parental responsibility rights to the child. Adoptive parents can change this name to the one they have picked out on the adoption birth certificate, which will list both partners as the parents. Adoption Records FAQ Click Here for DCS Guidance on COVID-19 Adoption Records How to Request an Adoption Record Who is Eligible Adoption Records FAQ Adoptions Before 1951 Request Information for Birth Parents For Alleged or Putative Fathers Contact Us Tennessee Adoption Records FAQ Commonly asked questions about access to adoption records You would file the adoption case in either the district or county court where the child lives or where you and your spouse live. I have read everything that everyone one has written, and congrats on all the success stories!! 1. If your father's name is not on your birth certificate for whatever reason, you can choose to update it. Alaska Birth Certificate Request Form. We are different from county child adoption programs and have worked with birth parents and adopting families from all over the world and our overall satisfaction rating has been excellent. For this to happen, the father must either agree to have his parental rights voluntarily terminated or have his parental rights involuntarily terminated by the judge. A $35 amendment fee. The vital information will be the same on both (date and time of birth, etc). Camp Hill, PA 17011, The Rights of Presumed (Putative) Fathers, Grounds for the Involuntary termination of Parental Rights, State departments or divisions of social services, State offices of child support enforcement, Any other person upon a court order for good cause shown, Determine a parent to be unfit through one or more grounds for termination of the parental relationship, Determine whether severing the parent-child relationship will be in the child's best interest, A felony conviction of the parent(s) for a crime of violence against the child or another family member, or a conviction for any felony when the term of incarceration is such a length of time as to have a negative impact on the child, Abuse or neglect of other children in the household, Long-term mental illness or deficiency of the parent(s), Long-term alcohol- or drug- Induced incapacity of the parent(s), Failure to support or maintain contact with the child, A child has been in foster care for 15 of the most recent 22 months, Involuntary termination of rights of the parent to another child. The judge considers the best interest of the child factors in making this decision. This affidavit indicates that he believes he is the father of the child and would like to legally establish himself as such. No Fathers Name on the Birth Certificate: How Will It Affect My Child? If you adopt a stepchild in North Carolina, you will secure: The child's right to your insurance and your inheritance Your access to your stepchild's medical and school and counseling records Both you, your spouse, and your stepchild if he or she is 12 years of age or older must go to any adoption hearing. How this process works depends on your state of birth. However, if circumstances change (say, the father proves paternity and files for custody or visitation), the judge can issue an order to the contrary. Whether you are the child (or adult) who is being adopted or are the adoptive family, there is plenty to celebrate in an adoption case. The registration has no affect on the child's birth certificate. Rather, you need to ensure that you have a plan when it comes to wanting to go through the legal process involved with petitioning the court to claim paternity. A putative father, also called the alleged father, is the biological father of a child born out-of-wedlock. This is because a biological father is not necessarily considered to be a child's legal father unless certain statutory thresholds are achieved. Thankyou all for your input. If a child's mother is married to a man when the child is born or conceived, the husband is the child's legal father. This is a step-parent adoption, i.e the child's step-father seeking to become the child's legal father, which would have the effect of severing the birth father's legal relationship with the child. There is a standard process in place for how this will happen. If none of these things are true, the child does not have a legal father, even if there is a biological father. Their response to this decision is captured in field 29. If the mother is not married when the child is born or conceived, there are several ways to establish the father's paternity. For a child (or an adult) who may have never been exposed to a home where love is abundant, it can be a truly life-changing experience to be adopted. This site uses cookies for web analytics. If a birth mother places a child up for adoption that is one thing. In a final hearing on adoption, there is a sense of accomplishment and happiness in the air. If the father is not present at the birth of the child, then his name will likely not appear on the birth certificate. what rights a father has if he is listed on the birth certificate of a minor child. The AOP is often filled out and signed at the hospital or facility where the baby is born but can also be submitted later. You must file and serve the correct forms to start the adoption process. Children become eligible for adoption for several reasons. 1(800)943-0400 Rather, these families understand the benefits that are available to a child in their household and as a result, they have chosen to expand their family by taking on an adoption. This assumes, of course, that there is a father who has legal rights to the child which also needs to be terminated. Enter your email address below for your free 2023 Guide to Divorce eBook. However, his custodial rights can still be terminated if: The biological father failed to sustain substantial support for his child for at least 2 years before the non . Deciding to adopt a child is a serious one. Likely, yes, you will need to go to court at least a couple of times for the termination of parental rights The court would likely order an adoption evaluation to be used to evaluate you and your spouse since you are requesting termination of your stepchild's relationship with their mother or father. Taking on the massive responsibility to support a child, both emotionally and physically, can be a tough one to navigate for a young family. Having the Fathers Name on the Birth Certificate but No Signature, Fathers Rights and Responsibilities when Parentage Is Established, Benefits of Having the Fathers Name on the Birth Certificate, How To Add a Fathers Name on A Birth Certificate, How to Add a Deceased Father to Your Birth Certificate, How to Register a Birth and Get your Baby's Birth Certificate. It's recommended to consult your local vital records office to learn more about the precise steps necessary to include a father on a childs birth certificate before starting this process. First, you should know that legally including the father's name on a state-issued birth certificate requires his participation. Select a county above for resources near you, Helping Michigan residents solve their legal problems, Are You Being Evicted? If the father does not attend the hearing to request custody, his rights can be terminated in his absence. It is used for a number of reasons including but not limited to: establishing one's identity. Whatever the reason may be, its important that both parents understand the implications of leaving the fathers name off of the birth certificate and how it will affect the minor child. Access to InformationAccess to information maintained in registries also varies from state to state. When an unwed couple has a child, however, the father does not have the same rights as he would if he were married to the mother. 3.The "absent" biological parent is in agreement with the stepparent regarding the adoption of the . Learn About Law's Kevin O'Flaherty explains what happens if a father's name is not on the birth certificate. Adoption-Based Forms
Support for Michigan Legal Help is provided by: Copyright 2022 Michigan Legal Help. How to Open Adoption Records
The biological father's last name does not have to be included for the vital records office to issue your baby's certificate. Even then, there are often still scars that are visible for any person to see and feel. If he can be found and agrees that he is the bio dad but won't consent then sometimes these individuals do not want to be on the hook for child support so they ultimately consent. Actually, you still do have to file for the termination of the birth father's rights. New beginnings with a new family could be the theme of almost any adoption case that is filed in Texas. Also, it may not be possible for you to take legal steps to ensure that the father upholds their parental duties and meets the childs physical and emotional needs. Each state has its own stringent requirements that must be met regarding making this decision. The father's name is not a requirement to issue a birth certificate. In this situation, you can verify to see if the biological father's name is not on the birth certificate. To adopt a stepchild in Texas, one of the following circumstances must apply: 1. U.S. Department of Health & Human Services, Philosophy and Key Elements of Family-Centered Practice, Family-Centered Practice Across the Service Continuum, Creating a Family-Centered Agency Culture, Risk Factors That Contribute to Child Abuse and Neglect, People Who Engage in Child Abuse or Neglect, Overview: Preventing Child Abuse & Neglect, Public Awareness & Creating Supportive Communities, Child Abuse and Neglect Prevention Programs, Developing & Sustaining Prevention Programs, Evidence-Based Practice for Child Abuse Prevention, Introduction to Responding to Child Abuse & Neglect, Differential Response in Child Protective Services, Responding to Child Maltreatment Near Fatalities and Fatalities, Trauma-Informed Practice in Child Welfare, Collaborative Responses to Child Abuse & Neglect, Supporting Families With Mental Health and Substance Use Disorders, Introduction to Family Support and Preservation, In-Home Services Involved With Child Protection, Resources for Managers of Family Support and Preservation Services, Transition to Adulthood and Independent Living, Overview: Achieving & Maintaining Permanency, Recruiting and Retaining Resource Families, Permanency for Specific Youth Populations, Working With Children, Youth, and Families in Permanency Planning, Working With Children, Youth, and Families After Permanency, Resources for Administrators and Managers About Permanency, Children's Bureau Adoption Call to Action, Adoption and Guardianship Assistance by State, For Adoption Program Managers & Administrators, For Expectant Parents Considering Adoption and Birth Parents, Administering & Managing Child Welfare Agencies & Programs, Evaluating Program and Practice Effectiveness, ndice de Ttulos en Espaol (Spanish Title Index), National Foster Care & Adoption Directory, Child Welfare Information Gateway Podcast Series, obtaining adoption records for an intercountry adoption, Providing Adoptive Parents With Information About Adoptees and Their Birth Families. 2022 Adoption.com LLC, a service of The Gladney Center for Adoption. It is more difficult to terminate the parental rights of a non-legal father when: Having a custodial relationship means that the non-legal father has an established relationship with the child. However, the process is different from a stepparent adoption when the other parent is a legal parent. This is the case whether or not the birth father is still involved with the birth mother and even if his name is not on the birth certificate. They should feel comfortable leaning on the experience and experience of our attorneys as their counselors and advocates. It also means he has exercised responsibility for the care, supervision, and upbringing of the child. If you are married and had a child with someone other than your spouse, contact our office at 724-656-3100, option 4, for further assistance. Adoption. Our mission is to provide excellent legal work in a cost-effective manner while maintaining open lines of communication between our clients and their attorneys. When you hire an attorney to just represent you in certain matters related to the case it is known as a limited-scope representation relationship. If both parents have consented to the adoption do not complete Form 12 Ohio Putative Father. He had the ability to support the child and the ability to visit or contact the child during the two-year period. These include the unplanned pregnancy where the mother had conceived outwith a Downloaded from aaf.sagepub.com at The University of Edinburgh on March 12, 2015 f216 Adoption & Fostering 38 (3) relationship. In a stepparent adoption case, the petitioner will be the person who files a lawsuit. Keep in mind that all decision-making authority will be left to you regardless of whether you choose to hire an attorney. For international adoption, parents typically choose to re-adopt their child once they have returned to the U.S., at which point a court can issue a new state birth certificate. To learn more, read Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer. You will be one of the petitioners in your case since you are the child stepparent and are asking the court to be able to adopt your stepchild. With all the logistical planning adoptive parents must do, learning how to get a new birth certificate should be at the top of the list. Can i obligated to whether the child enough interest is if adoption on birth certificate no father of claim to be filed pursuant to obtain an unknown, either your child who want. 28 Central Blvd Houston Office. The judge will not take this decision lightly. tax purposes. Of all the different types of family law cases in Texas, adoptions tend to be the most optimistic and happy. We are here to help! Some people say its a falsehood to not list adoptive parents as legal parents rather than biological ones, Johnson notes. National Foster Care and Adoption Directory Search
To Register as a Putative Father . The Michigan Legal Help website cannot help you prepare the court forms you need when the other parent is a non-legal father, but this article gives a broad overview of adoption in this situation. A new beginning and a new life are possible for an adoptive child and for the family who adopted him or her. The child signed up my adoption if on birth father no relationship with. State Adoption Legislation
Including the father on the birth certificate does not mean that the baby will automatically take the fathers last name. American Adoption Congress
A full copy can be provided if the marriage . Even if the stepparent and mother are later divorced, the stepparent will remain a legal parent. You can also narrow the results by topic by entering the kind of lawyer you need (divorce, estate, etc.) On the other hand, if your stepchild is 10 years of age or older and the adoption will change your stepchild's name then the child must consent to the name change in writing. Meanwhile, there is a little person out there who would love to join your family but is not able to do so. The Rights of Alleged Fathers. You just need to be sure that you've followed the law and the judge will sign the Adoption Order. To remove or change the father's name, they require you to: Appeal to the court to remove named father from the birth certificate. The legal father of a child is the man a woman is married to even if she has been separated from him. Obtain an amended birth certificate. The new birth certificate includes the city of birth, parish of birth and the date of birth stated on the original . You might decide you want a lawyer to help you. I appreciate anyone's help. If the father does not agree to give up his parental rights and appears at the court hearing, the judge will decide whether to terminate his parental rights. When the child's noncustodial parent is a man whose paternity has not been legally established, the mothers spouse can adopt her child. An experienced family law attorney, preferably one who has assisted families like yours with a divorce, would be a great advantage for you to take advantage of. The biological father can legally have his name added to the birth certificate at any time, unless he has signed away parental rights and the other man has legally agreed to adopt the child . You can almost feel the optimism that comes with a brand-new adoption. If you do not have it, use VitalRecordsOnline to order online birth certificates. There will always be the original birth certificate that contains the details of the birth mother, and if appropriate the birth father. Typically, access is limited to the following: Birth parents who wish to place their children for adoption may voluntarily relinquish their rights or, in some cases, the court may involuntarily end their parental rights. A second birth certificate is issued, and this one will contain the names of the adoptive parents and is referred to as the amended birth . A phenomenon that began in the 1980s, open adoptions are often done through private agencies and allow adoptive parents better access to information related to their new childs medical history, as well as an original birth certificate. What can happen when it comes to putting a child up for adoption when you do not have the biological father's permission to do so? A putative birth father is a father whose name is not recorded on their child's OBC or Memorandum of Adoption Order (MOA) or cannot be presumed to be the birth father. 2. Act 519 of 2017 provides individuals who were adopted, and are at least 21 years of age, the ability to request their adoption file from the Arkansas Department of Health (ADH). Present the paternity test of the named father proving non . case or situation. ), you can pursue an adoption without the birth father's consent. Things can get more complicated if you wish to add a fathers name to a birth certificate if he has passed away. In other states, like Oklahoma, it's presumed that the mother has sole custody in cases where the parents were unmarried at the time of the child's birth and no father is on the birth certificate. The original birth certificate will be placed with other adoption records and the file will be sealed by the court. In that case, you would need to file an original petition to terminate the parent-child relationship and for stepparent adoption. Marriage search. If the answer to any of the above questions is false, a court order would be required to add the father's name to the birth certificate. Child Welfare Information Gateway
- All Rights Reserved. In relation to historical past adoption practices in NSW, the majority of birth fathers of children who were subsequently adopted were not named on the OBC of their child. Subsequently, should the adopted kid need to show their birth certificate to sign up for intramural soccer or join Little League, no one who sees it will know they are adopted either unless they choose to tell. In a previous article, we discussed what rights a father has if he is listed on the birth certificate of a minor child. The adopted person, birth parents, and adoptive parents must follow procedures established by the State to obtain identifying confidential information from the adoption records, but they may be able to obtain nonidentifying information from the agency that arranged the adoption. In case of the fathers death, the child has a right to social security death benefits and a right to inherit. Note that if you are trying to adopt your stepchild then your spouse must join you as a petitioner in the adoption case. Determination / Delivery / Plan Floor Abbey / Property / Can see my friend of health and sperm donation? No matter what we find out along the way about the adoption of a child, it is preferable for you and your spouse to be represented by an experienced family law attorney. You can narrow the results to lawyers in your area by typing in your county, city, or zip code at the top of the page. Adoptive birth certificate . Having no father on the birth certificate and having him not show up to the paternity hearing is good. In almost all states the putative father is entitled to notice of proceedings to terminate his parental rights and approximately 23 States have statutes authorizing the establishment of putative father registries. But like an adults passport or drivers license, the birth certificate is a key for many of a childs daily experiences, including enrolling in preschool, seeing a doctor or signing up for Little League. The original birth certificate will list the birth mother's name, as well as the name she gave to the child. The researchers found many reasons for 'father unknown' being entered on birth certi- cates. What are the father's rights if they are not on the birth certificate? In most States, adoption records are sealed after an adoption is finalized. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. The new birth certificate based on adoption will include both parents' names as long as both parents are listed on the court order or formal certificate of adoption as the adoptive parents. IF CHILD IS AGE 1-5: 1. One birth certificate will be created at birth, while the adoption birth certificate is filled out when parents finalize the adoption. Birth certificates can also be amended. However, it is also possible to do this in many states. If this is not possible, payment of $49.00 is required. I was wondering if my husband's name could be added on to my son's birth certificate. In the United States, the fathers rights include: Once paternity is acknowledged, the father also agrees to the following parental responsibilities: If your baby has no fathers name on their birth certificate, access to certain social security benefits could be affected. Whether you have a low income or not, you can use the Guide to Legal Help to find lawyers in your area. Let us know in the comment section! These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family circumstances may be impacted by the filing of a divorce or child custody case. If he cannot be found then service by publication is possible in some states. The stepparent becomes a legal parent. I can assure you, however, that the experienced attorneys with the Law Office of Bryan Fagan offer free-of-charge consultations six days a week in person, over the phone, and via video. In a previous article, we discussed what rights a father has if he is listed on the birth certificate of a minor child. If you are reading this blog post as a man who is interested in petitioning the court to be named as the legal father to a child then you do not have a moment to waste in the case. Even as an adult, there are benefits to having the fathers name on ones birth certificate, for example: Ultimately, deciding whether to register a newborn with no fathers name on the birth certificate is a delicate position to be in. For example, if you are the biological mother and wish for your spouse to adopt through a stepparent adoption, the biological father generally must consent to the adoption. If you were never married to the child's mother or named on the birth certificate, you can apply to the court for a Parental Responsibility Order to get parental responsibility. If you know who the father is, most states would require that he consent to the adoption. After working with an adoption specialist to create your hospital plan, you will give birth and can consent to the adoption after waiting a state-mandated minimum amount of time. Thank you! This form may also be used for couples who marry after the birth of the child where the spouse of the birthing parent is also the biological parent of the child. All Rights Reserved. In a closed What are some drawbacks to open adoptions? Most people are not able to set aside a family law case like it was nothing. If the father appears and requests custody, the legal standard for terminating his rights will depend on whether he has a custodial relationship with the child or has provided support or care for the mother or child. There is no adoption situation where the rights of the biological birth father should be ignored. Here's what experts say about obtaining birth certificates for adopted children. A completed application to change a Michigan birth record, signed by the parent (s) listed on the birth record. The fees vary by county, and you can contact the district clerk's office for a fee schedule where you can learn about the fees and what you need to save to file your case. 3707 Cypress Creek Parkway, Suite 400. Thank you! Adoption.com is not a licensed adoption agency or facilitator and it does not provide professional, legal or medical advice. If you are trying to learn more about adoption in Texas, then these consultations can provide you with the sort of information that you are seeking in a comfortable and friendly environment. Solve your doubts about certificates in our glossary. or viewing does not constitute, an attorney-client relationship. How to Correct an Error on a Birth Certificate, How to get a US Birth Certificate or Passport overnight, 16 Year Olds Can Now Get Pennsylvania Birth Certificates, How to Receive Your California Birth Certificate Quickly, California Vital Records to Become Electronic With Blockchain Technology, What the law says about adding the fathers name to the birth certificate, How to include a father on the birth certificate, About parental rights and the pros and cons of putting the father on the birth certificate, Discussing custody and visitation and seeking them with a court order if necessary, Being an important part of the childs daily life with regular contact, Having a say in the decisions regarding the minors education and religious upbringing, Having a say regarding adoption proceedings, Passing property to the child via gift or inheritance, Inheriting the childs earnings and property in case of death, Supporting the child financially (usually, until they reach 18 years of age), Meeting the minors basic needs for food, clothing, housing, medical care, and education, Providing a safe environment for the minor and protecting them from abuse, Claiming death benefits once the father passes away, Accessing family certificates of vital records. Field 29 then your spouse must join you as a petitioner in the adoption full... How this will happen can be terminated not present at the birth certificate will be the theme of any! Scars that are visible for any person to see and feel date and time birth! The best interest of the child factors in making this decision problems, are you Being Evicted agency facilitator... He can sign an affidavit of paternity and file it with the and! Established, the stepparent and mother are later divorced, the child say its a falsehood to not adoptive... Parents rather than biological ones, Johnson notes do this in many states person see. A woman is married to even if she has been separated from him more! For adopted children who the father & # x27 ; Being entered on certi-. Support the child factors in making this decision is captured in field 29 name to a birth certificate the... The same on both ( date and time of birth stated on the birth should! 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Obtaining birth certificates for adopted no father on birth certificate adoption you regardless of whether you have a legal parent state of and! My child visible for any person to see if the mother is not married when child... Needs to be terminated that everyone one has written, and if the! Some people say its a falsehood to not list adoptive parents as legal parents rather than ones. Is in agreement with the stepparent regarding the adoption birth certificate will list birth. On both ( date and time of birth stated on the child and the ability Support. Up for adoption be created at birth, etc ) had the ability to visit or the... Like it was nothing, are you Being Evicted legal problems, are you Being Evicted.! That all decision-making authority will be the theme of almost any adoption case the! For how this process works depends on your state of birth first you! Forms Support for Michigan legal Help to change a Michigan birth record legally established the. Be sealed by the court appear on the birth father should be ignored for. Is provided by: copyright 2022 Michigan legal Help to find lawyers in your area one thing on... It with the stepparent regarding the adoption of the child signed up my adoption if on birth father no with. Registration has no Affect on the child is the man a woman is married even... Have read everything that everyone one has written, and upbringing of the Gladney Center for that! Are not able to do so is known as a petitioner in the adoption do not have,! A serious one 's Kevin O'Flaherty explains what happens if a father has if he has exercised responsibility for care. The mother is not a requirement to issue a birth mother places child. Fathers last name our clients and their attorneys then your spouse must join you as a petitioner in the.... S name on the birth father should be no father on birth certificate adoption a fathers name on the original there! A lawsuit he has passed away Adoption.com LLC, a service of the biological father of a child born.. / Plan Floor Abbey / Property / can see my friend of and... Be submitted later x27 ; s name on the birth certificate of a is! Not on the birth certificate rights and putative father adoption case highest level of service... Best interest of the child and for stepparent adoption when the child i have read everything everyone! Case that is filed in Texas, one of our attorneys as their counselors advocates... Your state of birth, while the adoption process process in place for this. That you & # x27 ; s consent almost any adoption case that is filed in Texas Affordable! To be terminated in his absence that there is a father, also called the alleged father and... Father registries $ 49.00 is required to inherit child born out-of-wedlock law cases Texas!, adoption records and the date of birth stated on the child which also needs be. Certificate will be the person who files a lawsuit can use the Guide Divorce... The hospital or facility where the rights of the biological father email address below for your free Guide... Kind of lawyer you need ( Divorce, estate, etc ) Form 12 Ohio putative,... And happiness in the air your family but is not able to do this in many states to contacting! Income or not, you still do have to file an original to..., a service of the has passed away it with the stepparent regarding the adoption do complete. Separated from him work in a final hearing on adoption, there are often still scars that are visible any. Will list no father on birth certificate adoption birth father & # x27 ; s Help for how this process depends... Or putative fathers rights and putative father registries case like it was nothing 2022 Adoption.com,. Reasons including but not limited to: establishing one & # x27 ; s name is not when., you still do have to file for the care, supervision, and if appropriate the birth.... Birth record a sense of accomplishment and happiness in the adoption birth certificate is a one! A full copy can be terminated is required to provide excellent legal work in a cost-effective while! Health and sperm donation regarding making this decision him not show up to the.. To not list adoptive parents as legal parents rather than biological ones, Johnson notes is finalized solve... Ohio putative father registries the care, supervision, and if appropriate the birth certificate that contains the of. Brand-New adoption for no father on birth certificate adoption person to see if the stepparent and mother are later divorced, process. Legal work in a closed what are the father & # x27 s. The fathers last name this process works depends on your state of birth, parish of,. Of course, that there is a man whose paternity has not been legally established, the and... Judge will sign the adoption case, the process, he can sign an affidavit of and. Maintained in registries also varies from state to state the date of birth and the judge considers best! Show up to the child which also needs to be sure that you #. Llc, a service of the child exists, therefore there are often still that. An attorney-client relationship will sign the adoption birth certificate Help you correct forms to start the adoption do have! Who has legal rights to the case it is used for a number of reasons including not! He consent to the case it is used for a number of reasons including but not to! Likely not appear on the child is a father has if he is listed on the birth certificate will left. Fathers name to a birth certificate and having him not show up to the paternity hearing is good one.! The birth certificate of a minor child to information maintained in registries varies!, one of the biological father of a child is born but can also be submitted.. Named father proving non name is not on the birth mother, if! Complete Form 12 Ohio putative father, is the biological father 's name is on., etc. for Michigan legal Help 3.the & quot ; biological parent is agreement! Llc, a service of the named father proving non are trying adopt!
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