Question about laws surrounding biological father

You may be able to find the information you're looking for by reading the following state laws for California: [url=http://laws.adoption.com/statutes/california-laws,5.html]California Adoption Laws, Page 5[/url]. The entire article begins at [url=http://laws.adoption.com/statutes/california-adoption-laws.html]California Adoption Laws -[/url]. Also, you can find the entire state laws and legislation at California's official state government website at [url=http://www.ca.gov]State of California[/url].

Thank you, I have done a little reading on what I could find, and it still all just seems really confusing to me. I guess, essentially, the question I am getting at is:Would it be possible to place my baby for adoption and have everything be legal and final without information about the father?

You need to read further than what I've included below on consent to find more on the definition of a presumed father. I believe that, essentially, consent is required unless he fails to respond to notice. If you know who he is, then notice must be served, not published--that is, reasonable efforts must be made. If you claim to not know who he is, then I suppose they would go to publication--someone actually from CA would know better on that and all these points. I have to think publication would include your name and address and the fact that you had sex and made a child with someone you can't name. Anything you sign or attest to falsely could be brought against you later as perjury. Regardless of how you avoid consent, the father would still have the revocation period in which to find out and protest. I've included grounds for involuntary TPR, which can be an expensive route to go independently depending on your state resources and support. If the father is that unsavory, then this would be a more honest way to go. It would probably take much longer, of course. Finally, please understand that, particularly nowadays and going into the future, your "secrets" and "privacy" today don't mean much tomorrow--especially where your secrets overlap with the child's right to know their personal life history. Where they overlap, they are not your secrets to keep and may well not be respected 18 years from now. Circumstances That Are Grounds for Termination of Parental RightsWelf. & Inst. Code ǧ 361.5; 366.26

Effective July 1, 2010 Reunification services need not be provided to a parent when the court finds, by clear and convincing evidence, any of the following: [LIST][*]The whereabouts of the parent is unknown.[*]The parent is suffering from a mental disability that renders him or her incapable of utilizing those services.[*]The child or a sibling of the child had been removed from the custody of his or her parent as a result of an adjudication of dependency due to physical or sexual abuse, the child had been returned to the custody of the parent, and the child is being removed again due to additional physical or sexual abuse.[*]The parent has caused the death of another child through abuse or neglect.[*]The parent has subjected the child under age 5 to severe physical abuse.[*]The child has been adjudicated a dependent as a result of severe sexual abuse or the infliction of severe physical harm to the child, a sibling, or a half-sibling by a parent, and the court finds that it would not benefit the child to pursue reunification services with the offending parent or guardian.[/LIST]A finding that reunification services shall not be offered, the whereabouts of a parent have been unknown for 6 months, the parent has failed to visit or contact the child for 6 months, the parent has been convicted of a felony indicating parental unfitness, or the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Circumstances That Are Exceptions to Termination of Parental RightsWelf. & Inst. Code 366.26

Effective July 1, 2010 Parental rights shall not be terminated if: [LIST][*]The child is living with a relative who is unable or unwilling to adopt the child.[*]The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances:[LIST][*]The parents have maintained regular visitation and contact with the child.[*]A child age 12 or older objects to the termination.[*]The child is placed in a residential treatment facility and adoption is unlikely or undesirable.[*]The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances.[*]There would be substantial interference with a child's sibling relationship.[*]The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interests of the child, including, but not limited to:[LIST][*]Termination would substantially interfere with the child's connection to his or her Tribal community or Tribal membership rights.[*]The child's Tribe has identified guardianship, long-term foster care with a fit and willing relative, Tribal customary adoption, or another planned permanent living arrangement for the child.[/LIST][/LIST][/LIST]The court shall not terminate parental rights if the court has found that reasonable efforts were not made or that reasonable services were not offered or provided. In the case of an Indian child: [LIST][*]The court has found that active efforts were not made.[*]The court has not found, beyond a reasonable doubt, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.[*]The court has ordered Tribal customary adoption.[/LIST]AdoptionConsent to AdoptionTo better understand this issue and to view it across States, visit the childwelfare site.Who Must Consent to an Adoption

Citation: Fam. Code ǧ 8603; 8604; 8605Consent is required from the following persons: [LIST][*]The birth parents, if living[*]The parent having custody if the other parent:[LIST][*]Fails to communicate with and support the child[*]Fails to respond to notice of adoption[/LIST][*]The spouse of the adopting parent, if the adopting parent is married[/LIST]Age When Consent of Adoptee is Considered or Required

Citation: Fam. Code ǧ 8602A child age 12 or older must consent to the adoption. When Parental Consent is not Needed

Citation: Fam. Code ǧ 8604; 8606The consent of a presumed father is not required for the child's adoption unless he became a presumed father before the mother's relinquishment, before consent becomes irrevocable, or before the mother's parental rights have been terminated. The consent of a noncustodial parent is not required if the parent for a period of 1 year willfully fails to communicate with and to pay for the care, support, and education of the child when able to do so. The consent of a birth parent is not necessary when the birth parent has: [LIST][*]Been judicially deprived of the custody and control of the child[*]Voluntarily surrendered the right to the custody and control of the child[*]Deserted the child without provision for identification of the child[*]Relinquished the child for adoption as provided in 8700[*]Relinquished the child for adoption to a licensed or authorized child-placing agency in another jurisdiction[/LIST]When Consent Can Be Executed

Citation: Fam. Code ǧ 8801.3; 8700In a direct placement, consent may only take place after the discharge of the birth mother from the hospital. If the mother is required to be hospitalized longer than the child, consent may be given with verification of competency from her physician. Relinquishment to an agency can take place any time after the birth of the child. How Consent Must Be Executed

Citation: Fam. Code ǧ 8801.3; 8814; 8700; 8606.5In a direct placement, consent must take place in the presence of an Adoption Service Provider or other delegated agent who has advised the parents of their rights. In an agency adoption, a form is signed before two witnesses and acknowledged before an official of the agency. Consent to adoption given by an Indian child's parent is not valid unless both of the following occur: [LIST][*]The consent is executed in writing at least 10 days after the child's birth and recorded before a judge.[*]The judge certifies that the terms and consequences of the consent were fully explained in detail in English and were fully understood by the parent or that they were interpreted into a language that the parent understood.[/LIST]Revocation of Consent

Citation: Fam. Code ǧ 8814.5; 8700; 8606.5In a direct placement, after consent has been given, the parents have 30 days to submit a signed revocation and request the return of the child or sign a waiver of the right to revoke consent. In an agency adoption, consent is final and may only be rescinded by mutual consent unless the birth parent has specified an adoptive parent and that placement is not finalized; then the parent has 30 days to rescind. The parent of an Indian child may withdraw his or her consent to adoption for any reason at any time prior to the entry of a final decree of adoption, and the child shall be returned to the parent. After the entry of a final decree of adoption of an Indian child, the child's parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate such decree. Upon a finding that such consent was obtained through fraud or duress, the court shall vacate that decree and return the child to the parent; however, no adoption that has been effective for at least 2 years may be invalidated unless otherwise permitted under State law.

The father has just as much right to make a decision on parenting or adoption as the mother. Your child has the right to have a named father. Your child's future health has the right to knowledge of both his/her health history. There are pre-birth tests that can be done to determine paternity. There are post-birth tests that can be done to determine paternity. Dickons

I appreciate your taking the time to reply, but please read carefully. I specifically requested legal facts and not moral opinions.

Lascoux, if the father is not informed he can contest this and keep the baby in legal limbo for years. Your rights would be terminated, but his rights would remain intact unless he is proven unfit in court or does not meet the legal requirements. The Adoptive parents could be legally forced to return the baby if they decide to fight the father or his family. I know of one 4 1/2 year old boy returned and recently a 3 year old boy returned to their biological Dads.((((hugs)))) this has to be very hard for you as a expectant Mom trying to make a decision.

US Supreme Court - Stanley v. Illinois[url=http://supreme.justia.com/us/405/645/]STANLEY V. ILLINOIS, 405 U. S. 645 :: Volume 405 :: 1972 :: US Supreme Court Cases from Justia & Oyez[/url] UN Convention on the Rights of the ChildArticle 7 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. [url=http://www2.ohchr.org/english/law/crc.htm]Convention on the Rights of the Child[/url] All law is based on moral opinion. Dickons

Legal fact is that both mother and father have the right to parent and that a mother does not have the right to "decide" if the father has rights. Dickons was quoting fact to you. I've read enough of her posts to know that she reads carefully. If you know who the father is, you are obligated to name him. Anything else is fraud. The U.S. Supreme Court recognized father's rights in the 1970's.

I specifically asked for NON-JUDGMENTAL replies. I DO NOT need to be judged for the position I am in. I am trying to do the best thing, and obviously it's tough. I don't care what YOUR opinions are, I care about the opinions of the law. If you're really going to make it personal instead of giving me un-biased factual information, fine. I'm pregnant. I'm giving up the baby for adoption. I don't know who the father is, it could be one of three men. I am not longer in contact with any of them, none of them know that I am pregnant. In order to find the father, I would have to track them down, though I do not know how to contact them, tell them I'm pregnant and that it "might" be their baby, and go through some sort of paternity test. My question is, is this necessary? Isn't there some law that says if he doesn't step forward to assert parental rights he gives them up? I just don't want to go through all this if I don't have to. Now, please be respectful and stop taking the moral high ground. If you are just going to tell me I'm a bad person, then just hold your tongue. I am NOT trying to be fraudulent, I am specifically trying to follow the law, that's why I asked this question, because all the laws are difficult to understand. I thank the people who replied with useful factual information and worded their responses with respect. The rest of you, just leave me alone. I don't need people to flaunt their moral superiority over me.

First of all, not all law is based on moral opinion. Second of all, the different between law and your personal opinion is that your personal opinion doesn't matter to me and has absolutely no hold over me whatsoever. Educate yourself on the definition of "unbiased" and take your judgments elsewhere.

Thank you, Legal. This is the sort of advice that is actually helpful to me. *HUG*

Wow. Your rudeness really knows no bounds. Charming. Good luck. The people you're crapping all over here are very good, knowledgeable and caring individuals. In your OP you asked that people reply in a respectful manner. Perhaps you could give that a whirl as well?

Lascoux, welcome to the forums and please allow me to educate you a bit on how things work here. Yes, you can ask for certain exclusive information, however we allow for people's opinions on things and no member controls what anyone else says. If something is said that doesn't seem to help you, then you can simply ignore it. Our policy is often "Take what you need and leave the rest", so maybe that will help you as you go along. There's no reason for rudeness and I don't tolerate it very much at all in general and especially not from brand new members. So please do keep that in mind. Lastly, if you wish to only have certain responses, then perhaps you shouldn't be coming forth with your own personal opinions of things on other threads. The chastising you gave to people whose views disagreed with your own in regards to gay parents ring any bells? (I've actually deleted that because it was uncalled for) So again, pleasure to have you but please do remember to refresh the TOS rules and if you have any questions at all, I'm available by email. Have a fantastic day!! Crick - Forums Administrator Others - We'll let this go now...thanks!!

Lascoux: they're not being judgmental; they're giving you the law. In your case, I'm thinking (this is just my opinion, not law), you'll probably have to do it in newspapers. But there has to be notification.

I knew I would be judged, and I knew people would be mean, and I knew I'd get cruel opinions about how I'm morally wrong and awful and a horrible human being. I tried to politely request unbiased answers, but no, people still feel the need assert their opinion. I am really disappointed in the quality of this forum as a whole. I don't need to be attacked right and left. If you think I was rude, well what you interpret as "rudeness" is me standing up for myself when others were rude to me. If my actions are rude and intolerable, you have a very serious problem with free speech and fairness in this forum.I am in a very vulnerable and terrifying position right now in my life, and I thought maybe I could find some common ground with people on some sort of forum, where I could receive advice without being judged and told what a horrible person I am. I do not need people insinuating that I plan to commit "fraud", I do not need people assuming that I'm just some selfish person who wants to withhold information, I don't have the information, and you people don't know a thing about the situation I'm in. Do not make assumptions. I'm particularly offended when I am accused of being "rude" after I have been directly insulted and accused of things that are untrue. If "no member controls what anyone else says" and everyone is allowed to express their opinion, then why I am receiving subtle insinuations that I am going to be banned from these boards just for defending myself? If they are allowed to attack me and make assumptions about me, I should be allowed to defend myself. That's how it is in the real legal world, I would never want to be a part of a community in which I am required to let someone walk on me without a reaction. Are the consequences for rudeness from a new member to an older member more severe than consequences for rudeness from an older member to a newer? You have insinuated that they are. What I gather is that you do not get the right to defend yourself and you must let older members spit on you until you're of special senior standing. I only came here for advice and support. Congratulations on being yet another one of those clique-y, heavily biased message boards where "senior" members censor and condemn at their own whim without regard to fairness. I am sure I will get another hurtful and nasty reply telling me what a horrible witch I am. Save your breath, I'm not coming back here to be put down and ganged up on, I get enough of that in real life, I never should have tried this stupid message board thing.Thanks for making a painful and awful situation just that much worse.