What rights do birth fathers have?
They have all the same constitutionally protected parental rights that birth mothers have, unless they waive them or let them lapse. In response to a small number of cases in which birth fathers came forward to claim parental rights after the child’s placement with an adoptive family, some states have enacted legislation limiting the time period and circumstances within which a birth father may assert his parental rights. In New Jersey, biological fathers must come forward within 120 days of the birth of the child and take specific affirmative action, if they wish to object to an adoptive placement. Except in extraordinary circumstances, a birth father may not avoid this law in New Jersey by claiming that he was unaware of the mother’s pregnancy.
In Florida, if able, a birth father is required to provide financial support to a birth mother during her pregnancy to be able to interfere with her adoption decision. We attempt to locate and contact birth fathers to see if they will voluntarily cooperate with the adoption and sign a consent. For birth fathers who will not cooperate, the judge will determine if he provided the pre-birth support necessary to prevent adoption. Florida has a paternity registry that allows a termination of the rights of certain birth fathers who do not register timely. All placements are at-risk until the court terminates the birth parents’ rights. This means you may have to return the child should termination not occur.
Birth fathers have rights which vary from state to state. There are various legal methods available whereby a birth father’s rights can be terminated, depending on the variables involved in your particular adoption plan. For instance, the birth father may either be known or unknown. If he is known, can he be located? If he is known, is he in agreement as to the adoption? It is not uncommon for a birth father to initially be skeptical about adoption. However, after learning more about the process and feeling included, and not shut out, they may become supportive, deciding adoption is the best option for all involved. Some birth fathers may not be willing to consent to an adoption, but they also will not fight it. Your attorney and/or agency will decide the best course of action in proceeding to terminate a birth father’s rights depending on the laws in the states involved and the birth father’s status.
Birth fathers may participate in adoption planning and sign consents for adoption if they wish, no matter what state you live in. Generally, birth fathers have the same rights birth mothers do, but how that plays out will differ from state to state. Its important to investigate the laws in the state where you live or where the baby will be born, and the state where the adoptive parents live, if it is different from yours. In Oregon, if birth parents are not married to one another and the birth father is not available, not involved or not interested, the adoption can proceed without him. If birth parents are married to one another, he must usually sign consents. If the birth father doesn’t want the adoption and is not married to the birth mother, he must take certain legal steps to stop it. If this is your situation, you should speak with an adoption agency or an adoption attorney. In Washington, if a birth father does not sign consents for adoption, he must be given legal notice that a
