do I need paternal consent to place unborn child up for adoption if married?

I'm not a lawyer, but it's my understanding that his rights would have to be terminated either by his consent or by the court. Most likely, he would have to consent

If he has been prosicuted and it is on his file, and if he is not to have any contact with any minor children, it might something that he will lose automatically when the baby is born, but if he still has the parental rights of the other child then yes. Check with you caseworker.

I have a cousin, who's husband had his rights taken away from him (after abusin their son.) She had to choose between child and husband. At first she chose child, they got a divorce. But then the state found out that she was letting him come over. So her rights were also terminated, and the child was placed in foster care, and later adopted. They got re-married, had a second child together. And it was as if their slate were wiped clean. (My cousin passed away when the 2nd child was only 2 years old, and no one stepped in at that time, either....now she is getting passed back and forth between him and her grandparents.) So, most likely, he will have rights. (Unless as boxer stated, he is to have no contact with any minor.) The state and CPS seem to give parents tons of chances, at times. Sometimes too many. If you DO want to do an adoption plan...in some states they allow the birthfather to sign over right before the baby is born. If you are afraid that he will not do this, you could consider getting a lawyer. I don't know...I really hope that it all works for the best! Stephanie

I THINK SO SINCE IT HAS BEEN FILED WITH THE COURTS I WOULD CHECK IN THE STATE YOU LIVE IN WISH YOU THE BEST OF LUCK

Generally speaking, "legal" fathers (i.e., those who have fathered children born of a marriage) must consent to an adoption. (I say "generally") because nothing is true 100% of the time.) I am not aware of any situation where a father's rights are automatically terminated, no matter what he is charged with. Also, generally speaking, a legal father cannot sign away his parental rights prior to the birth of the child. Be sure you are working with an experienced adoption attorney, and be sure you tell the attorney all the facts. Good luck! Linda Lach

You are married and that gives him rights. It sucks but it's true. Even though he has charges agianst him it doesn't terminate his rights from the unborn child. Even if he wasn't the bio-father of the unborn child if you are married when child is born it legally becomes his child. If you contact an adoption agency they have a legal department that could file the papers to terminate his rights but it must be done before the birth. If you wait tell after the baby is born and he still refuses to sign his rights away. Then he will have to abandon the child for 2 yrs before you can terminate rights, or be convicted to a sentence of 2 yrs or more.