Adoption laws?

I know someone who recently placed her baby up for adoption. Prior to the adoption going through she had to place an ad in the paper...something about making sure the father didn't want to exercise his rights? Here's my question, if the mother TOLD the father she was pregnant and planning to give it up for adoption why would she need to place an ad in the paper making sure he didn't want to exercise his rights? Wouldn't he just need to sign over his rights at the adoption hearing?
Additional Details
Mama...so even if the mother tells the father she is pregnant and planning to adopt it out, she would still have to place the ad?

MamaKate

Hi!

The first answerer is right but I want to add that Notice by Publication is part of the Due Process that is required by the Court before Termination of Parental Rights can be granted. The Court wants to be sure that any interested party - specifically the father, is duly notified of the Court proceedings and is given fair opportunity to make a claim before the Court before judgement is granted as the final judgement is final and irreversable.

If Due Process is not observed there are grounds for the claimant to challenge the ruling. The Court is trying to protect everyone's best interests by covering all its bases.*

If the Court finds that the claimant/father has been served either in person or via Public Notice they assume that consent is given if the claimant/father does not appear and can grant a TPR without his signature or presence.

I hope this helps clarify a little!

* Note to whom it may concern: When I worked in Court it was required that Notice of Publication be done in the last known city of residence for the claimant/defendant. I know that in some cases of TPR (DSS cases and adoption cases), Notice of Publication was given in the cheapest paper or smallest circulation. Sometimes to save Court/DSS $ but on some occasions to meet the standards of Due Process but lessen the chance of the claimant coming forward (the assuption being the paper was so small they wouldn't see it). If you are a putative father who wants their child or other interested party in such a case I would strongly advise checking smaller publications regularly to avoid being caught in this loophole.

ETA: Yes, as it provides documented proof of dilligence -especially if the whereabouts are unknown at the time of the hearing or the father has been uninvolved in the entire process with the Court. The Court has no way of knowing what one party says to the other or if a person is lying all together about having said something to the other party outside of the Court or the presence of a Court Official. I doesn't mean they think your friend is a liar, they are just "covering their butts" by providing written proof that he was told of the Courts intentions concerning his child and showing he had the opportunity to say his piece if he had wanted to.

jrc77355

If she had to place an ad it would be because the father was not responding or was unable to be located. It's call Notice by Publication.

cmc

The law really differs by state, so it depends where you are. Also sometimes the guy may know, but he's unwilling to sign the papers. Then you have to terminate his rights without explicit consent. Some guys just want absolutely nothing to do with it. Also some even run and hide so they can't be found.

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