SPARC Forums

I reside in IL.  Was married in IL to husband #1 spring of 04.  I became pregnant within a few weeks after getting married.  

Found out husband #1 was stealing from me and cheating on me days after I found out I was pregnant.  He became abusive when confronted.  Asked him to move out.

Through agreement with husband #1 had marriage invalidated.  In order it states that "Petitioner is currently pregnant.  The issue of paternity of the child is reserved until after the child is born."

I have not heard from husband #1 since date order was filed Aug 04.  Child was born Feb 05.  I remarried, husband #2, July 05.  I don't know where husband #1 is.  

I called previous work place of husband #1 and was told he was no longer employed there.  I sent letter with "address change requested" to husband #1 last know address.  It was returned to me with no forwarding address information.

Illinois has a "voluntary acknowledgement of paternity" form that was sent to me with my child's birth certificate.  No father is listed on the birth certificate.

1.  Can husband #2 sign "Voluntary Acknowledgement of Paternity" and legally become child's father even though paternity was reserved when the marriage was invalidated?

2.  If not, what do I do next to allow husband #2 to adopt the child?

Thank you for your input.

>1.  Can husband #2 sign "Voluntary Acknowledgement of
>Paternity" and legally become child's father even though
>paternity was reserved when the marriage was invalidated?

If your current husband signs the acknowledgement, that would be a misrepresentation, because you and he both know that he is not the father, and the real father could later challenge the document as a fraud.

Your new husband must adopt the child as his own. To do this you must petition the court and make a good faith effort to notify the real father, usually by publication in a newspaper for 30-90 days, after which the court will consider him having constructive notice, and it will then likely order your new husband as the legal parent.

I admire your husband's nobility, however, if he were asking me for legal advice, I would recommend that under no circumstances should he adopt your child.

Without going into further detail, I would strongly recommend that your husband obtain independent legal counsel before petitioning to adopt the child.