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Some Ohio friends have adopted a child from a single mother who gave them the child through an adoption via attorneys (no agency). The mother never informed the birth father of the anything. She signed over her rights as soon as the 72 hours were up and still is comfortable with the decision.
However, what rights does the father have? Should there be concerns that he finds out and wants the child in the future? Is there a final date besides the 30-day "Putative" father laws?
Any information/assistance would be greatly appreciated regarding this situation.
Assuming biological mother and biological father are not married, he is considered a 'putative' father in the eyes of the law. Most likely the attorney will follow 'any unknown birth father' proceedings established for the state the child was born in. If the biological father fails to respond and assert paternity, it will be terminated. In some states, men can put their names on a registry that allows them to be notified if a child is born that may be theirs. Failure to list themselves on the registry can also result in involuntary termination of parental rights.
This is not revokable should a biological parent come forward and attempt to assert paternity in the future. This is even if the biological mother lies and later changes her mind to name the biological father.
HTH
Regina
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What if the father is not contacted by the attorney? I've gotten the sense that they don't plan on telling the father at all. Do you know who would be at fault (ie. mother, mother's attorney, adoptive parents and/or their attorney)?
If expectant mother says "I have no idea who father is", or "all I know is that his first name was Jim and he lives in Toledo", then any unknown birthfather proceedings are followed. They'll check a registry - if there is one in the state - to see if anyone has claimed parental rights. They'll publish in a statewide newspaper. Then, if no one comes forward, rights are terminated. That's it.
Even if expectant mom deliberately withholds name, then comes forward later with it, rights are terminated.
Regina
I was under the impression that deliberately leaving out the birthfather from the decision making was a basis for reversing the adoption... aren't the rare -- but real -- dramatic stories of contested adoptions that make the headlines generally based on the fact that the birthfather's rights were taken away? Or have laws been written in the last few years to make that less likely to happen?
Not trying to argue here; I am genuinely wondering.
D.
I was under the impression that deliberately leaving out the birthfather from the decision making was a basis for reversing the adoption
Not in states that have a Putative Fathers Registry. In those states, it is the fathers responsibility to register and assert his rights within a defined time period - if there is a PFR in the state and he has not done this, then it's all legal.
Ignorance of the registry or pregnancy is NOT an excuse.
(The safest thing to do is register every sexual encounter)
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D,
Brandy is right, and even in states where there is no putative father registry it still doesn't reverse. After the well publicized "Baby Jessica" and "Baby Matthew" cases in the 80s pretty well all states enacted 'any unknown birth father" proceedings as law. These include mandatory publication, in many states putative father registry, notification of all possible fathers if named, etc. In Florida, for a while they also required that expectant mom's information - physical description, dates/locations of possible conception, etc. - be published as well. I think that's been repealed though.
Regina