Can someone give a baby up for adoption w/o father’s consent?
bnici1015 asked:
My father is in prison until the end of November. Before he left his girlfriend got pregnant, she claims it’s his child. However, she is fully intent on giving this baby up for adoption. My father won’t consent to it and we’re afraid she’ll find a way to give it up anyways.
We live in North Carolina. He’ll be getting out two weeks after she is born, until then we’re going to ask the mother if I can keep her. If she still wants to give her up and if the DNA test proves he is actually the father.
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My father is in prison until the end of November. Before he left his girlfriend got pregnant, she claims it’s his child. However, she is fully intent on giving this baby up for adoption. My father won’t consent to it and we’re afraid she’ll find a way to give it up anyways.
We live in North Carolina. He’ll be getting out two weeks after she is born, until then we’re going to ask the mother if I can keep her. If she still wants to give her up and if the DNA test proves he is actually the father.
February 8th, 2009 at 5:11 pm
If the Father can prove paternity and is registered as the father than no the mother cannot give the child up for adoption. However, if the father is not listed on birth registration, there really is nothing stopping from the mother giving up custody
February 11th, 2009 at 8:28 am
I won’t say she can’t do it because it’s been tried and been successful in some cases. At the same time however, most courts will not do anything without the fathers consent because they know that if they do and the father learns of it then he has major grounds for appeal which will cause problems for not only the court but for the adoptive parents. Even though your father is in jail that still does not stop you from making representation for him. If you learn that she does place the baby for adoption with social services he can notify them of his status and that should put things on hold till he can be heard.
Good luck.
February 13th, 2009 at 5:05 am
She can try to give it up for adoption… it might even go through. But the adopting parents risk the father coming back later and seek custody of the child back.
I don’t know what the laws are today, but I know that was something that happened in our state about 5 years ago. A woman put a baby up for adoption and never told the father. Four years later, the father found out about is child and filed for custody even though the child had been with the adopting parnets for 4 years. I think he won, and because of the media circus is caused, laws were changed (to what, I don’t know).
February 15th, 2009 at 12:32 pm
If his State has a putative father registry he needs to get his name on it as soon as possible to register his interest in his child.
Having said that the unethical adoption practises going on in the USA right now, the agency just has the mother hop on a plane to another state to try and avoid the father’s rights.
Its a mess
February 15th, 2009 at 2:09 pm
He needs to get on the Putative Father Registry immediately. That way, even if she doesn’t list him as the father on the birth certificate, there is proof that he BELIEVES he is the father — and that she, herself, has said so.
As Randy said, leaving him out of the decision, especially when he has asserted that he is NOT going to consent to an adoption, leaves too much chance for appeal and/or revocation of an adoption — so the courts will usually avoid that.
Here’s a caveat, though, for your Dad. Depending on what he’s in prison for, the court might decide he’s not fit to parent and terminate his parental rights anyway. I’m opposed to adoption — especially of infants and especially when a parent WANTS to parent — but I’ve worked in “the system” (Child Protective Services, not adoption…but they overlap some) and I’ve seen it done to fathers who had criminal/prison records.
I hope that doesn’t happen in your Dad’s case but I just wanted to give you a ‘heads up’ and suggest — strongly — that he get himself on the Putative Father Registry IMMEDIATELY.
Best of Luck!
February 16th, 2009 at 10:03 pm
I don’t know all the specific details involved, but a friend of mine just adopted a newborn about 4 months ago, and the adoption is proceeding as normal while the adoption agency lawyer partition the courts to relinquish the possible two fathers parental rights. They are unable to have any financial responsibility in the child’s life at this time, however, I do not know if that’s the deciding factor, but, I am sure it would tip the scales in any adoption or parental say so.
A child in foster care for 18 months could be adopted out without parental consent. So, I can’t see how a person that’s incarcerated would have any more rights than just described. But, you never know what each outcome with be.
February 20th, 2009 at 4:58 am
the laws about how a father’s rights are terminated vary by state. I would suggest he contact a lawyer familiar with terminations in his state (hopefully child is in same state). He should register with any appropriate agency in the state.
if she decides to lie it is possible the child can be adopted, but that puts the adoption at risk. As an adoptive parent I certainly wouldn’t want anyone to lie and expose me to this kind of risk.
February 21st, 2009 at 6:54 pm
It is totally dependant on what state you live in and what state the baby will be adopted in. No one here can tell you for certain unless they know what state you are in. This is why many people cross state lines to adopt a baby. Some states do not require a father’s rights to be terminated, some states make it a requirement, and some states will let a woman give the baby up for adoption if she claims she doesn’t know who the father is. You need to contact a lawyer!
February 23rd, 2009 at 9:45 am
He needs to sign a letter and send it to the circuit clerk’s office. He can talk with the warden about this, and should receive help. If he doesn’t get help from the warden, the chaplain should be able to help him.
There’s a law called the putative father registry, where the father has to basically claim that the baby is his, and prepare to support it. Since your father is in prison, his parental rights might be automatically terminated. A lot will depend upon his behavior, the condition that he’s not in prison for harming anyone physically, and that he’s not in for a long time. The public defender’s office might be able to help him. If there is a family member old enought to adopt the baby, they might be allowed to.
February 23rd, 2009 at 2:26 pm
She can say that she does not know who the dad is once the adoption is finalized records are sealed and he won’t be able to find out. He can’t do much from prison because if she wants to give the child up he can’t get it. Now his family can do things on his behalf and say they want to raise the child
February 26th, 2009 at 7:00 am
legally? no. she needs the father’s consent.
however- she can always tell the hospital/social worker/agency that she has no idea who the father is, she could probably get away with it.
personally, i would rat her out and demand a paternity test.
February 26th, 2009 at 11:11 am
Now she cannot. Your dad will have to take a paternity test and fail it in order for her to do so. If he is however, then she cannot.
February 27th, 2009 at 5:04 am
Adoption laws are different in every state. It is important to see what the state of N.C. states in their adoption process. In Canada, for example, I released a child without the consent of the father - who was unable to provide means for her at the time. I am sorry 15 years later because I had an ache in my heart that only God can heal. I’m wondering about her too. I can’t wait to see her and hear her voice. I bonded with her at birth, however, I was too sick to raise her. I bet you she is looking for me - I have this internal feeling. I have been praying for years. Please get the DNA test and do your best to put the baby in a stable and loving home.
March 1st, 2009 at 6:40 pm
My birthmother gave me up without my birthfather’s consent. As a matter of fact, he was never told she was pregnant. It makes me sad, b/c I could have been wanted by him or his family. I’ll never know until I find either one of them. I think the father’s should be told. They are just as responsible for the child as the mother.