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Hello I have a few questions. I am in a same sex relationship and we are going to be adopting a baby the first part of the year. Our problem is, that the father whom is an illegal immigrant has nothing to do with the mother, whom is 22 weeks along in her pregnancy. The mother wants nothing to do with the child, NOTHING. What rights does the father have? Can we adopt without his rights being relinquished? Desperate for help
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If you do adopt this child, the rights will be terminated - either willingly or by publication/other legal means. An adoption can't take place without a Termination of Parental Rights. In the end, the easiest/fastest way to go about it is to ask the father to willingly terminate his rights. Much less legal legwork, plus it gives your potential child a 'paper trail' should he/she decide to search in the future. When the father is known (like in this case) its always better to try to get him involved in the decision making.
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Would there be some consequence to birth dad for signing the papers (I mean would he be worried about exposing his legal status)? I agree that it would be better to get him to sign willingly, just not sure if he will if he has some sort of fears about this??? I really think you should consult with an adoption attorney who hopefully will be able to answer your questions. Good luck to you!