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Originally Posted By Sox
We are in the process of adopting a baby. Our bmother is due in a few months and the bfather is threatening to keep the baby when it's born. He has seen a lawyer but hasn't said anything definate. What is the law pertaining to this, what are his rights exactly and what does he have to do to stop this adoption from going through? Any info. would be helpful.. Thanks
Originally Posted By CG
It has been my understanding that for parental rights to be terminated (TPR) the birth father has to sign releasing his claim on the child, no matter what age the child is. Now the birth mother could list on the birth certificate that she does not know who the birth father is but that would open up a whole new can of worms. As far as I know if the birth father wants the child he can petition the court for custody and you would be out of the picture. As cruel as this may sound it would be better for that to happen now than after you have had the child for a year or two.
Good luck.
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Originally Posted By Shelia
The father has as much right to the baby as the mother does. His parental rights give first priority over anyone wanting to adopt the child and the wants of the mother.
We just recently (August 2000) went through this. We arranged for a private adoption and was in the processing of meeting with the attorney to sign temporary custody because in Texas the adoption is not
legal until the child has been with the adoptive family for six months. The mother kept telling us she
did not want to name the father, did not want him involved as he did not know she was pregnant then when we started pressuring her for a name she said she was unsure. We knew she was lying because we had mutual friends and she had told them who the father was. We explained to her what would happen to her if she lied now but later on the father came back and tried to get the child. Not really threatening, just trying to make her understand. She contacted him to give up his rights and he petitioned for custody. The adoption was off for us but I would have it no other way as the child is with his biological family and now because of us forcing her into contacting them they are trying to work things out to where maybe one day they can be a family and the mother gets to spend as much time as she wants to with the child. She just does not have the financial responsibility at 19 with her second child that she could not handle alone. The child was suppose to be a girl but turned out to be a beautiful big boy. I will still think of this child as the child that did not happen but I would not change anything that happened no matter how heart broken I was. Do not force this issue? If it is meant to be it will be. If not, maybe it is for the best in the long run.
Originally Posted By Bonnie
Our bmom said all she knew of the bdad was a first name (a one night stand), she later came up with a last name. Accorind to the laws in Virginia, a legal notice had to be placed in a newspaper for a certain amount of time. Also, the attorney did a search for anyone with that name across several states. No one turned up, so his parental rights were terminated in court.
Be certain that the bdad has signed or, if he wants custody, let him, as much as it may hurt you. It is the best thing you can do.
Originally Posted By Tracey
Adoption laws are different in each state but unless he has voluntarily relinquished his rights or he has had his rights terminated by the courts, he has every right to prevent the adoption and apply for physical custody of his child.
Originally Posted By julie
the bfather has rights. he can stop the adoption. if he has a job to support the child he can have the child. he has just as many rights as the bmom.
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