Birth Parent rights and court arguments

THIS ANSWER IS FROM ADOPTION ATTORNEY GREGORY FRANKLIN: Thanks for your inquiry. As with so much relating to adoption, the laws vary from state to state, and I cannot advise you on the legalities of your situation for the state of PA (and I am not licensed to practice law in PA) . Every state deals differently with a situation like this, but Judges in PA have been very generous to birth fathers of late. In New York, a birth father must be ready, willing and able to be the full-time parent to the baby, and that role may not be delegated to another person. Since the birth father in your situation is incarcerated for up to five years, he cannot be the baby's full-time custodial parent. New York caselaw would be sympathetic to the birth father's plight, but would likely find that he cannot assume parental responsibilities within a reasonable time, and find that his consent to the adoption was not required (and the adoption could be completed over his objection). Other factors might change this result though, such as if he and the birth mother were married. I wish you good luck. Greg Franklin Please note that this and subsequent communications (whether by e-mail, telephone or other means) do not establish an attorney‑client relationship between the parties to the message, which may only be established by entering into a formal, written retainer agreement. This e-mail is not a confidential attorney-client communication unless you have currently retained Goldman Newman Shinder Franklin & Young, LLP, under a written fee agreement. Any comments or recommendations made in this communication are of a general nature, are based upon the limited information provided by the correspondent, and are not to be construed as legal advice. THE ABOVE ANSWER PROVIDED BY ADOPTION ATTORNEY GREGORY FRANKLIN Posted by: