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Can I Give Baby Up for Adoption at The Hospital

Pregnant & Considering Adoption Topics

Birth Father Rights

Birth Father Rights: Can the biological father stop the adoption

Many mothers wonder if the biological father can stop the adoption. Frequently, the answer  is yes.  The laws governing birth father rights vary from state to state. It will also depend if the father is an alleged (also called putative) father or if he is a legal father.  This article is a general overview of different types of fathers and when you need his consent to an adoption.

Whatever your situation, I can help. Here are some situations where birth mothers worry that they can’t do an adoption because of the baby’s father. You may be able to do an adoption without the father’s consent even if:

  • You aren’t sure who the baby’s father is
  • There is more than one possible father
  • You aren’t sure what his name is or where he lives
  • Your baby’s father is in jail
  • Your baby’s father refuses to cooperate with the adoption
  • You are married and your spouse is not the baby’s father

Alleged or putative fathers generally don’t have to consent to the adoption

An alleged or putative father is a man who is not a legal father.  Usually, an alleged father is a boyfriend or a one night stand situation. He can also be a roommate or friend with benefits.  These men have limited rights in an adoption.  Usually, they have a right to notice of the adoption plan. They can either sign paperwork or not.  You don’t have to be in contact with the father.  You do not provide him with notice of the adoption. I can do that for you.

Some states use the term putative father to describe a man who is not a legal father.  There are about 13 states that acknowledge the term putative father in their statutes and about 25 states have actually established Putative Father Registries.  If a man registers with the putative father registry in his state, he is entitled to notice of adoption proceedings, petitions to terminate parental rights and petitions for adoptions. Most men aren’t aware of the putative father registry and don’t register. If he is not registered, he does not get notice.

can the biological father stop adoption

A legal father usually must consent to an adoption

Interestingly, the definition of “father” or “parent” varies from state to state. In most states, a legal father fits one of the following criteria:

(1)the man and the child’s mother are married when the child was born or the child was born no more than 300 days after the end of the marriage,

(2) the birth father’s name is on the birth certificate, or

(3) the man has acknowledged that he is the father in writing. If the birth father has not met one of these criteria, it is important to realize that he may still have parental rights if he has established himself as a putative father.  I explain this in the next section.

If the father of your baby fits any of these criteria, his consent to the adoption is probably required.  There are always exceptions, however, and every case is different.

If the legal father won’t consent to the adoption, there may be other ways to terminate his rights.  You might still be able to give your baby up for adoption without the father’s consent.  Feel free to contact me using one of the contact options on this page, and I’m happy to answer your questions.

You don’t want the biological father involved in the adoption: is this ethical?

Are there ethical considerations about putting a baby up for adoption without the father’s consent? The answer to this question really depends on your baby’s father. While putting a baby up for adoption without the father’s consent may be legal, it might not be in your child’s interests. Here’s why:

  • Involving the father makes the adoption more solid
  • Your child will likely want to know who the biological father is
  • The adopted child might resent you if you kept their father out of the process

None of this means that you have to get the father’s consent, but it’s something to think about. Planning an adoption involves planning for the future and thinking about how you and your child will feel moving forward. Many women don’t want to involve the father because they resent him and don’t want him to have a say in the process. This makes sense, and it’s frustrating to think that someone who may have betrayed you and let you down would have any say in the process at all. Just remember to consider what’s best for your child.

On the other had, it can be scary to consider putting a baby up for adoption without father’s consent. Some women will feel more certainty in the adoption knowing that the baby’s father was at least minimally involved. We can talk about ways to involve the father so that he won’t stop the adoption from moving.

If you have questions about putting a baby up for adoption without the father’s consent, feel free to contact me today!

 

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