Does a mother have all rights to the unborn baby in regards to adoption?

Lillie

The father SHOULD have equal rights, but sadly, in many cases his rights are trampled on and downright ignored.

There are many fathers who are right now fighting to get custody of the children who they fathered, whose mothers put them up for adoption without their consent. Adoption agencies will do unethical things such as convince the mother to place the child in another state to try to get around obtaining the father's consent. Some states have a pathetic thing called a "putative father's registry" that the father must sign if he wants to parent his child, but how can he sign it if he doesn't know about it? These things aren't widely advertised or known about, and if the mother didn't even TELL him she's pregnant in the FIRST place, then why would a man go signing these registries if he isn't even aware he is a father?

No, it's a sad fact that men's rights, as fathers, are just ignored and trampled on so that babies can be given up for adoption. This needs to be changed.

Tilden J.

Yes, the father has to sign away his rights. You can give the child up, but most people won't adopt, unless the father has done this. Because he can come back later, and say his rights were violated, and get custody of the child.

minmin

Well this is what happened to my brother...A girl he was seeing got pregnant...said it was his...they split up...she said it wasn't his...she found someone to adopt (buy) the baby and claimed that the father was unknown. When she had the baby, the couple took her home with them from the hospital and proceeded with a private adoption. Upon finding out that the baby was born, my brother called the couple and asked for a paternity test on the baby to find out if he was the father or not. they refused because they were afraid they would lose the baby. (which i think is riduculous b/c if she was his, then it wasn't really their baby!)

anyway, from that point, my family (my brother, my mother and I) had to hire an attorney (huge waste of money btw because we eventually found out that their attorney had to place several ads in the newspaper announcing the adoption and "searching" for a potential father to come forward).

anyway, after about a month of nothing but worry on everyone involved, our attorney finally told us that a paternity test would be provided (we offered to pay for it from the beginning just to get to the truth). so finally the paternity test was done, and thankfully for us, she wasn't his and that was the end of the story.

had the results come back that she had been his, a custody battle would have been inevitable and more than likely would have taken years of fighting in court.

so you can go forward with the adoption, but if the guy knows there is a chance the baby could be his, he has the opportunity to come forward and request a paternity test and be granted custody.

hope that helps!

Bozema

If the father can prove he is the birth father through DNA testing and he wants custody of the child and the mother does not want custody, the courts will award it to him, unless there is some situation that would make him unfit (such as criminal record, etc.). So yes, a birth father can prevent an adoption from taking place.

ladybmw1218

The father can assert his rights, and refuse consent and file for custody... if he knows about those rights.

The facts are though, many are kept in the dark about the pregnancy, not named by the mother on adoption paperwork, and/or don't know the putative father registry laws in their state so are all but ignored in the process.

I have even heard of mothers being encouraged to go to different states to give birth, and purposefully not put his name on anything, to prevent "interference".

Independ"ant"

Yes, but after the child is born the father can fight for custody even if the child is placed up for adoption. If the father can get a good pro bono attorney or has enough cash to pay one...he get custody of his child from the adoptive parents no matter how long the adoptive parents drag it out. What is comes down to is money and good attorney's. Its unethical not to get the biological fathers consent.

monkeykitty83

The mother definitely is not allowed to do that. The father also has to sign a termination of parental rights. (Some people try it anyway and fail to notify the father, but if the father is not given that chance, the adoption is illegal, and may later be overturned.) For an adoption to be valid, both biological parents must terminate their parental rights.

Also, you seem to realize this, but an "unborn" baby can't be placed for adoption. The mother can't terminate her rights until after the birth. Just making sure you're aware of that.

40 weeks with #4 {anyday now}

Its illegal to do that. If the woman knows who the father of the baby is she cannot give the baby up without his consent. It eventually could get really messy... say she hides it and the baby gets adopted, 3 years down the road the man that fathered the child finds out and wants his child, he can take the adopted parents to court and put the family and child through a huge ordeal. Its not fair to the child. Certainly not fair to the adoptive parents either.

Serenity71

This happened to a friend of mine..he wasn't given any say in the adoption. Her family forced them to break up as teenagers. They moved away and he never saw her or the baby again. He only recently found the baby was a girl 25 yrs later, and there could be a reunion soon. (she had been placed for adoption.) Fathers should have more say in this, If they are capable of raising a child if she can't do it or in the adoption conditions at least. (He is also an adoptive parent now.)

allchildrenareangels

If the father doesn't know about the adoption due to lack of being informed he can get the baby back. I am sure he only has so long to do so though. Unless he just didn't know she was pregnant at all then he probably has more time.

Love,
MIchelle

I would imagine, if the father did not want to be in the child's life, and did not plan on signing the birth certificate, etc. Then, it would be the mother's choice.

if the father doesn't want the child- I think he is allowed to go to court about being against the adoption- and take custody himself.

But, I'm not sure on this, I would just imagine that's how it would be.

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