Do i have any rights to be a father to my child if the mother want's to give the child up to adoption?

Choice411

Absolutely. In most states, BOTH parents have to sign a termination of parental rights in order for the baby to be adopted out.
Are you on good enough terms with the mother that you will be able to be with her when your baby is born? Will she acknowledge you as the father? If so then you can sign an acknowledgement of paternity at the hospital and claim all parental rights to your baby.
If not, now would be a good time to talk to a lawyer about filing a motion to establish paternity. If that is done, then the mother will be compelled to allow a DNA test to be done on the baby so you can be proven as the father and go from there. She may or may not be able to still give up her parental rights.
BTW, kudos on trying to find out how you can keep and take care of your baby in an obviously difficult situation. There are way too many parents out there who are given every right and opportunity and don't even try. Way to man up!! Best of luck to you.

Mom of three beautiful kids.

Get a lawyer and paternity test establish paternity and YES YOU DO. You both have to sign over rights not just her. I would have that lawyer ready when that baby is born.

HooKooDooKu

Yes.

But you're going to need a lawyer. Laws on the subject vary from state to state and situation to situation. So you pretty much NEED a lawyer in this type of situation if you want to protect your rights.

sizesmith

Yes, and in most states, you only have a few days to file papers after the baby is born to record your rights at the courthouse. In our state (Arkansas) a father only has 10 days from the date of the birth of the child to register as the child's father at the courthouse, or face losing his rights. The Dept. of Human Services, Foster Care Division should be able to help you, and you should send her a registered letter stating that she can surrender her rights to the baby to you, however, you won't be giving up your rights.

In some states, if you have ever been convicted of certain crimes (usually violent/and/or gun use) you might not have any rights. Good luck with the baby, it is a big responsibility, but very much worth it if you're ready.

momof3boys

Get a lawyer, get a paternity test and go for custody. She can't give the baby up for adoption without your permission so as long as you don't sign the adoption papers you have rights to be a father. In most cases if the mother wants the child given up for adoption but the father doesn't the courts will grant the father full custody so I would get a lawyer now and go over your rights.

Daisey Duck

Yes you have every right to raise your child. Since you are not married paternity will have to be established (DNA test) Then with the help of the lawyer you need to get the courts should hopefully rule that you have the right to custody.But do it now so that hopefully it can be resolved before the child is born.

birthdad in hell

You must hurry!!! find out if your state has a paternity registry. if it does file. if you think or know she is with an agency in another state check and file that state to. save up 500 for the paternity test you will need it. find a lawyer as fast as possible but if an agency sues you for parental rights answe rthe court yourself. write that you do claim paternity and intend to contest. notorize it send a copy to the agency attorney and a copy to the agency. send the original to the court clerk on the papers. your best bet if she hasn't adopted it or contacted an agency is to write out a letter stating your the biological father and get her to sign it, sign it yourself and notorize it that way an agency now has to deal with you. DO NOT hesitate or waste time file everything as fast as possible or you will have no rights. filing before the birth is BEST. good luck godspeed if you need help find me. i'm 19 months into the battle.

sunfreeze

if you're ready to be a single dad and do anything for the safety and well being of your child, get a lawyer, get a paternity test if necessary, do whatever you have to do. good luck!

mom of many

yes you sure do, Immediately get a lawyer, and if she is involved with cps or social services or any other agency, contact them and let them know your wishes. You'd need to convince them you can care for the child and provide housing and daycare for you to work, and baby furniture, diapers.

mom of 4

You do have rights, as others have already told you BOTH parents have to sign over rights. I think you should a lawyer & get the ball rolling in the courts now. That way she can't try to run, & say she doesn't know who the father is or how it find anyone who may be the father. Get a court order to try to stop her from giving the baby up for adoption & getting custody of the child if that is really what you want. You should really try to talk to a lawyer ASAP, to evoke your rights now rather than later before it is to late. There is different laws in each state, that is why I suggest talking to a lawyer now.

Good Luck, & I hope I helped you.

anastasia beaverhausen-the real1

well, thanks for stepping up, and YES, you DO have the right!!!!!!!

2 Cupcakes

You do have rights. If your name is on the birth certificate, you are a legal parent.
If she does not list you as the father you need to get proof (paternity test) and a lawyer.
Since you are not married to her you have to prove that you are the father.

Dave F

Yes you do,because you know about it.

LaurieDB

Although you have rights, it is getting more and more difficult all the time for fathers to make sure they are legally covered. The first things you need to do are talk to an attorney and to make sure that you have SIGNED THE STATE PUTATIVE FATHER REGISTRY if your state has one! Signing this registry is absolutely imperative! Here is some reading about putative father registries.

http://www.adoptioninstitute.org/policy/polputative.html
http://adoption.about.com/cs/adoptionrights/a/putative_list.htm
http://www.childwelfare.gov/systemwide/laws_policies/statutes/putative.cfm

Men have LOST their children simply because they did not sign this registry. Not knowing about it, even though it's not publicized, will not be accepted as a good reason for having not signed it in most of the states that have one.

I would also STRONGLY suggest that you make sure you are listed on the putative father registries for surrounding states, if they have them. Fathers have lost their children when the mother has gone to another state to give birth, but the father hadn't signed the registry in that other state. There are fathers fighting in court because of this.

I would also strongly suggest that you make sure to repeatedly and consistently offer financial assistance to the mother before your child is born. The court will look at this. Fathers have lost their children because there is no evidence that they provided any support prior to the birth. Make sure you provide support. Make sure you DOCUMENT that you provided support.

If my post sounds extreme, please know that it is not. It is based on the current laws and trends regarding fathers. Being the true, biological father is NOT enough anymore to establish legal paternal rights for a man, (even though it's more than enough to establish legal paternal responsibility.)

Good luck to you and I wish you and your child a great life!

Robin

I must disagree with those who state that "In most states, BOTH parents have to sign the papers." Sadly, THAT information is FALSE! In MANY states, an unmarried father has few rights (if any) and often only has rights if he signs a putative father's registry within days or weeks of the child's birth. Presuming of course, that he's informed of the birth.

Look for your state at this link:
http://www.childwelfare.gov/systemwide/laws_policies/state/

For more complete info by state:
http://www.childwelfare.gov/systemwide/laws_policies/statutes/consentall.pdf

The information is provided by the government.

Good luck!

locket_keeper

You'll need to prove paternity, have a lawyer and be ready to be a single dad. If the woman you got pregnant does not want to be a mother right now you can't force her to. So if you don't want this baby to be adopted, be ready to care for it from day one.

hmc

you absolutely do have a right. Its your child. get a lawyer immediately and take a paternity test.

BPD Wife

YES! You have rights! Do not let anyone tell you otherwise. The first thing you need to do is get yourself a lawyer - and get one quickly. They will best be able to help you in this situation.

Good luck to you.

It's wonderful to hear that there are fathers out there that are prepared to fight for their children.

I hope that she changes her mind about the adoption and everythings works out. But to be on the safe side, get an attorney who specialises in these type of cases.

You always hear about single mothers who have no support from their parterns that you forget that their are decent men out there! You will be a wonderful father.

minx 21

yes you can apply for a residency order on the child, the mother can not put the child up for adoption without you signing away your parental rights, so don't sign anything!
if she denies that you are the father get a DNA test after the baby is born.

Get a lawyer and fight you have loads of rights its you child as much as hers an d any judge would rule that a child is better off being with their natural parent if there is an option good luck and keep us posted!

xxflowerxxpowerxx

well, the best thing is 2 take it 2 court, prove u can handle a child and tat u can pay for education needs, nd yes u have a right to keep ur child.

39 Weeks Pregnant!

Yes you do. I only know about Colorado State laws, so I can't give too much advice. look into your states adoption laws and contact a lawyer right away.

Good luck.

tripps

yeah man of course you help create the baby so without you she cant do anything as far as adoption

Minnimouse

yes you do and the baby will be far better off with you than being adopted. As stated above make sure you have a lawyer ready. No matter what argument there is against it, adoption is always far more traumatic for the child and you may never see him or her again. There are supports out there for single parents (men too) but you need to be able to prove that you can provide for the child emotionally and economically. An adoptee feel rejection from not just one but two parents and that loss is always inside. Even though you might not be together at least your child will know that at least one of his or her parents faught to keep them.

If it does go to adoption, I would advise keeping close contact with your child. This means the adoption needs to be open and you can visit the child and get to know him/her.

Tim

You are legally the father and for the child to be adopted, you have to formally surrender your parental rights. Should you chose not to, then you have the right to have custody of the child. Even after the adoption, there is a good chance you can re-assert your rights and get the child back.

It is this issue more than any else, the surrender of parental rights, is why the adoption rate in the US is so low. People are afraid that after 5 years teh birth parents will change their minds and take the baby back. That cannot happen as easily when the child is adopted from China.

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