Do Birth Fathers Have Legal Rights When it Comes to Adoption?

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Father with baby sonAll biological fathers have the legal right to be advised that their child might be put up for adoption. They could also take legal action if they believe that the adoption shouldn’t happen.

Both parents should fully consent to the adoption, but only if they satisfy specific requirements that give them the legal right (as parents) to consent or block the child’s adoption. If the mother doesn’t know who the birth father is or where he is, a majority of states require that there be a notice of some sort published in newspapers to notify all potential birth fathers of the adoption.

Protecting the Rights of Biological Fathers

Many adoptions have occurred with the biological parents not knowing about it. Birth fathers have the same parental rights as the mother, and they could also block or terminate an adoption.

Adoptions that move forward without the consent of the birth father comes with legal risks, says Law Office of Gordon N. Shayne and other top adoption attorneys in Colorado Springs. To make certain that the rights of the birth father are protected during a pending adoption, birth mothers and adoption agencies must try and locate the father and tell him all about the plan for adoption and ask him if he wants to participate in the adoption.

Do note, however, that not all states require birth mothers to notify the birth father prior to adoption. In these states, the birth father has to respond to an adoption within a certain timeframe. This time limit differs from one state to another.

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For Birth Fathers: How to Block an Adoption

If you’re a birth father wishing to block an adoption, you first have to meet specific legal requirements. While these requirements differing from state to state, a birth father needs to establish paternity first and regularly communicate and spend time with the child.

Adoption and paternity rights laws are complex and differ greatly from one state to another, so if you’re looking to step up and stop your child’s adoption from happening, you need to work with an experienced adoption attorney in your state.