Legal Planning

Birth Fathers

Throughout our years of experience with adoptions, we’ve paid close attention to situations involving birth fathers. What we’ve found is that in many cases, the birth father’s identity remains unknown, or the birth mother may choose not to share it. This can happen for various reasons, like if the relationship was short-lived, if there were multiple partners, or if there was violence involved.

When the birth father is more involved in the process and supportive of the adoption, we believe it’s important to include him. However, in cases where he isn’t actively participating, most states require him to take steps to assert his rights. If he doesn’t do so, his parental rights may be legally ended without his agreement. This is to ensure that everyone’s best interests are protected in the adoption process.

Legal Aspects

The putative father registry, also known as a paternity search, provides a way for potential birth fathers to officially assert their interest in a child they believe to be theirs. This registration process is typically handled through the department of vital statistics in their respective states. It’s important to note that not all states have a putative father registry. In these cases, it falls on the father to seek legal counsel and file a paternity action.

In a few states, the onus is on the mother to initiate contact with the birth father, as they do not require him to take proactive steps.

Rest assured, we are here to guide you through the specific laws and procedures in your state. Your understanding of these regulations is crucial in making informed decisions.

 

Communication

In every adoption, there are four key parties involved: you, the birth mother, the child, the adoptive family, and the birth father. The first three parties typically seek permanency through the adoption process, and they have a rightful claim to it. However, at times, the rights of the birth mother, child, and adoptive family may come into conflict with the rights of the birth father.

It is our duty to carefully evaluate the potential risks for all parties involved. To do this effectively, we ask that you be as candid with us as possible. Please know that we hold your right to privacy in the highest regard and are committed to working with you to create the best possible plan for your child. Your openness and honesty are crucial in ensuring the best outcome for everyone involved.