What Rights Does the Birth Father Have?

What Rights Does the Birth Father Have?

Best Answers

  • Answer ✓
         This is a great question with a multifaceted answer. There are two things to consider- ethics, and the letter of the law. In an ethical adoption, a birth father should have the same rights as a birth mother. The child is his biologically, and if he is able to be a fit parent, he should be allowed to do so. Many adoptions occur against the will of the biological father, and that isn't right. Here is a fantastic article about adoption laws and ethics regarding birth dads.

    https://adoption.com/why-birth-fathers-shouldnt-be-ignored-during-the-adoption-process

        As far as legality, birth father rights vary by state. In most states, the general guidelines are that an effort should be made to notify the father of the pregnancy and adoption plan. If the biological father is unknown or the mother doesn't know where he is, you can place an ad in the paper or a similar forum and that counts as notification. Ideally, a birth father should also sign adoption papers, but in many states he is not required to. In all states, biological fathers have the option to contest an adoption and try to gain custody. You can find out more information here https://adoption.com/considering-domestic-adoption-what-you-need-to-know-about-birth-father-rights and here https://adoption.com/wiki/Birth_Father_(Glossary)
  • Answer ✓
    The birth father has rights to choose to parent his child if he does not want to place the child. If the birth father is unknown in adoption, there will typically need to be an advertisement placed in a local paper as well as a search of the putative father registry in the state where the child was born. The father will typically have about 30 days to respond. If the birth father is known, he is served paperwork notifying him of the adoption and giving him the opportunity to object. 

    The rights of a birth father during the adoptive process will vary state to state. You can read more about the laws in your state here.  It is vital to choose an adoption agency that is ethical and will do all they can to notify the birth father of an adoption. He has the right to be informed and not feel coerced into an adoption plan. Ethically, he has the right to parent if he desires. 
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