• Tue. Sep 27th, 2022

Adoption without Father’s Consent: Can it be Overturned?

ByFrank Bennett

Jan 21, 2022

Parental Rights

Many states have parental rights that go beyond one parent. Except for certain exceptions, both parents must consent to the adoption. The legal process with the new family will not be completed until the parent has consented. The adoption agency will generally do their due diligence and decide that parental rights are not an issue. Some states will continue with adoption even if the father does not consent, but the mother does. In these cases, sometimes the father might not be aware that there is a child. This could lead to problems later in the adoption process.

Relinquishing rights

A parent who places a child up to adoption will end all legal rights. This gives the adoptive family the right to have legal custody of the child and ensure his or her well-being. In cases where the mother is the adoptive parent, the father retains parental rights and may be able to have custody. The father might need to petition the courts to obtain custody. However, if he does not have his first choice to take custody, he may still be able to acquire the child through the relationship.

Standard Steps for Adoption

Some steps are common in the adoption process. The standard steps include the requirements for consent, the waiting period which involves consent, and the termination or parental rights. Next is the step of handing the child over to an agency. Although the father is often involved in this process, if he doesn’t know that there is a child, he might not be able to have any involvement. To be able to give consent or deny adoption to the father, he must know that the child is real and that the mother is giving away the young person. Before proceeding, the agency might contact the father to do due diligence.

Notification of paternity

The father involved in an adoption process often has little to no say in what happens if he is not recognized as the father of the child. There are procedures to determine paternity if the father is not present at the interview with the agency or family and has participated on the birth certificate. The father must have established paternity to terminate an adoption. He cannot consent to the child being placed with a foster family or adoptive parent. A notice of paternity will be required if the father is not married. He will lose his consent to the adoption if he does not file a notice of paternity.

Time to give consent

In certain states, consent can be given by the parent. After that, the parent cannot prevent adoption. This is especially important for fathers who are not involved in the initial adoption process. These can include waiting for periods, rules, and guidelines regarding time and consent limits. If there is an existing father in the child’s parent relationship, the birth father can opt to end the adoption. Some states may restrict the time for the birth mother to stop her from following suit.

Involuntary termination of parental rights

The state can remove parental rights involuntarily. This means that the father is just like the mother and cannot stop an adoption. If the state only removes the parental rights to the mother, the father may seek to reverse an adoption and take the child. These factors are often dependent on the state, the guidelines and laws within them, and the lawyer who assisted with the process.

The Adoption Lawyer Overturn

A lawyer who has experience in adoptions will be needed if the father wants to take the child out of the relationship. The surrey bc divorce lawyer will fight for his parental rights and try to reverse the adoption.