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We have been presented with a situation in Alabama. The agency there has told us that the birthmother will not name the birthfather. According to the agency, if Maryland requires the termination of birthfather's rights in order to finalize, then we will have to finalize in Alabama. Apparently in Alabama, they never terminate birthfather's rights, they have another process (which I know nothing about). Does anyone know if the birthfather's rights have to be terminated in Maryland prior to finalization?
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You should be able to get this done as ach stae has law on how to terminate even if its for an "unknown" father. I can send you our lawyers name he was GREAT with us and has been great for some friends as well.. But beleive me you do NOT want to short cut this.. as you do not want someone coming by years from now saying that they never had thier rights taken away.
mandy
Thanks for your response. It would be great to get your attorney's name. That situation is AL did not work out but we were presented with another one in OH. The legal father will not sign away rights (although he is not the bio father). The agency says we need a foster care license. Our agency in MD will not let us be a foster care family for them because they do not want us to take up space for in case there are families that want to work with them long term. The county says no because the child will not be in foster care in OH.
Have you asked the agency the reason why the expectant mother doesn't want to name the father? If you are accepting this at face value, you are taking on a HUGE risk that should not be underestimated, both emotionally and financially. It is in your best interest to fully vet this before getting involved, not just the interest of the child and his or her father. I know it's hard not to be myopic on the process, but think about your immediate future, and the distant future of this child. Do whatever you can (through the agency) to encourage the expectant mother to name the father. I wish I had done more to ensure that the correct father was notified :(
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Sorry...for the situation in OH, the legal father is not the bio father. In OH, no matter who the father is, the state only recognizes the husband (legal father) as the birth father. The husband and birthmom no longer speak. She's not sure where he is anymore. Apparently the last time they spoke he said he would not sign anything. According to the agency, since the legal father will not sign the papers, the child has to go to a adoptive family with a foster care license. The problem is that our local private agency and the county says it has nothing to do with them so they can't give us a foster care license.