Men have a right to know if they have fathered a child that may be placed for adoption, and they also have the right to appear in court if there are objections to the adoption. In most cases, both biological parents must give permission for an adoption to go forward, but the parents must meet certain requirements. If the child’s father or his whereabouts are unknown, most jurisdictions require a notice to be published in the newspaper’s legal section.
Protecting a Biological Father’s Rights During Adoption
Most adoptions happen with no involvement from the child’s biological father. However, biological fathers have the same rights as mothers do, and a father can legally block or terminate an adoption. Adoptions proceeding without the father’s consent carry certain legal risks. To protect fathers’ rights, birth mothers and adoption agencies should follow these steps:
- Notify the father of the planned adoption and give him a chance to take part in the process.
- Attempt to locate a missing father and notify him of the pending adoption.
- Get the father’s permission and apprise him of the situation.
Some jurisdictions do not require mothers to find the birth father; rather, it is the man’s responsibility to determine whether he has fathered a child. In these areas, the time a father has to respond to an adoption notification can vary. Fathers should consult an adoption attorney in Folsom CA to learn more about how state law affects their case.
Must the Birth Father Give Consent?
The need for a father’s consent depends on location, the parent/child relationship and the relationship between the biological parents. In most areas, children cannot be placed for adoption without the father’s consent if parents are married. If the parents were unmarried but living together, some areas require the father’s consent.
Does a Biological Father Need an Attorney?
If a man is dealing with issues of adoption and parental rights, he should visit our website to speak to an Adoption Attorney in Folsom CA. Laws on adoption and paternal rights are complex, and they vary by jurisdiction, and an attorney can help a client understand the law as it applies to their situation.
