Birth mother wants to put the baby up for adoption. The birth father is against it?
Carla J asked:
My husband and I are in the process of adoption. We have been approached by a young woman that wants us to adopt her child. The birth father is against this adoption. Would we have a case if we decided to go through with the adoption and fight the birth father? The birth father does not have the means to support this child alone. He wanted her to abort the child, but since she didn’t he is living by the philosophy of “either I get it or no one does.” It is more of him wanting to win than really wanting this child. Does anyone know what we would be up against? Would we even have a shot of keeping this baby if he decided to fight us for it? He has claimed to have filed some sort of pre-paternity establishment. Does this even exist? We live in Texas.
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My husband and I are in the process of adoption. We have been approached by a young woman that wants us to adopt her child. The birth father is against this adoption. Would we have a case if we decided to go through with the adoption and fight the birth father? The birth father does not have the means to support this child alone. He wanted her to abort the child, but since she didn’t he is living by the philosophy of “either I get it or no one does.” It is more of him wanting to win than really wanting this child. Does anyone know what we would be up against? Would we even have a shot of keeping this baby if he decided to fight us for it? He has claimed to have filed some sort of pre-paternity establishment. Does this even exist? We live in Texas.
April 3rd, 2009 at 12:35 am
Unfortunately, he has more right to the baby than you do. Unless his parental rights are terminated for some reason, he will have custody of that baby.
April 5th, 2009 at 11:23 pm
I’ve not heard of pre-paternity testing, but a paternity test may be needed if someone is questioning paternity. If he is the father, he has the right to raise his child. Your attorney will need to prove that he is not fit to raise his child. Both parents will need to have their parental rights terminated before the adoption is finalized.
April 7th, 2009 at 3:42 am
He has the right to block any adoption…the sad thing is even if he finally agreed…there is a 6 month cooling off period..just in case either one of them changes their mind.
April 7th, 2009 at 8:55 pm
Unless you can prove that he is unfit or unable to properly care for this baby, your hands are tied. Good luck to both of you.
April 9th, 2009 at 7:55 pm
In the state of Texas birth parents are the defacto custodians regardless if he has means or not. Your only hope so an attorney does not suck you dry is to try and get him to waive his parental rights. Be careful of attorneys that want to fight no matter what. Many lawyers see this as a payday because they know people are making emotional decisions. She cannot make the lone decision on adoption because they are going to ask about the father that is on the birth certificate at time of adoption. If i were you I would walk. It would be a contentious fight that may get you emotionally hurt over the long haul. There are plenty of kids for adoption out there. Good Luck to you both. You sound like you would be great parents.
April 12th, 2009 at 9:06 am
this is going to cost you a fortune and i can honestly tell you you cant win, even if the court gives you the baby he has rights to see the baby so if your realy smart you may back off he sounds like a loonie once you show no interest or very little he will go away like a bad smell.
April 15th, 2009 at 10:36 am
Yeah, the birth father has the rights to the child. He has to be the one to give up his parental rights. Its sad that if he can’t support the child on his own, he should let the mother decide that the baby should have a nice loving family. It sounds like hes just wanting to be a thorn in her side. I really hope that things work out for you and your husband. It sound like you really care, and you shouldn’t have to go through this. Maybe the mother, or some of his family could talk him in to letting the baby go up for adoption. I really hope all goes well for you, and I hope this helps.