what would happen if the father did not want the adoption..?
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what would happen if the father did not want the adoption..?
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this is a hypothetical question..
mother wants to give baby up for adoption, but father does not want her to.. mother is pregnant and is planning on doing everything from the hospital. but father does not want to give baby up.
both are not married to each other.. father wants to sign birth certificate after baby is born, doing this at the hospital also..
BUT father does not want to raise the child himself. (for what ever reason).. mother does not want to raise the child.
what would happen..? I know all the 'no one can make the mother raise the child stuff, but what would happen in the adoption..?
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Behrendt
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I'm actually going through the same thing and if the father does not want the baby to go up for adoption then he will have to fight the mother and adoption agency in court and it is VERY hard for a father to do so. If he does not want the baby to go up for adoption but yet does not want to take care of it the judge will laugh in his face and the mother will win the case... |
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Jennifer L
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That's a good question. Maybe the father wants the child raised by biological relatives? But in absence of that a, 'No, you can't place my child for adoption but no, I'm not going to raise this child either" thing smacks of immature vindictiveness to me. Sounds like it would go before a judge but I image that the father would either have to "put up or shut up." |
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jay_d_skinner
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If neither the father or mother want the responsibility. He needs to sign that right away and allow the child to be adopted, he does have a right even if he allows his own parents to care for the child if the mother does not want it.
Try working this out with them both. He either allows the adoption or he will paying for the next 18 years for support of that child. Lets see how willing he is then. |
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Lisa C
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Kind of a sad hypothetical question. There are ways for the child to be given up for adoption where mother gives up her rights but father doesn't give up rights but baby doesn't have to be raised by either. I was in that situation with my adopted son. Luckily it worked out in the end. |
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C
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The question does not make any sense. The father does not want the child and does not want it to be put up for adoption, the only remaining choice then is abortion, but you mentioned that he wanted the child to be born. you've set up an impossible situation where the father has denied all three possible options.
The mother is the deciding factor, since they are not together. she has the choice for what happens to the baby. She can put the child up for adoption, (if the father makes up his mind, he gets first dibs on the child) raise the child, or abort it. Since her desire is to put it up for adoption, it is the course of action that would be taken. If the father doesn't want to raise the child, then he abdicates all rights to the child. |
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Phaery G
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Only a lawyer can tell you for certain what would happen in your jurisdiction.
However, let's say Mom doesn't want the baby, and signs away her parental rights at the hospital. Now Dad has custody, but he refuses to bring the baby home with him. The child is now considered abandoned, and will most likely go into foster care. The state will probably come after Dad for child support, at which point his options are to go ahead and take the child (and probably let his mom raise it while he's out partying), sign away his rights so he can be off the hook, or let the state revoke his rights on the grounds of abandonment.
But, as I said, Mom REALLY needs an attorney. (She needs HER OWN attorney, not one who also represents the dad or the adoption agency.) It may be that Mom can sign her rights away provisionally, meaning that if Dad refuses to sign his away, the baby comes back to Mom instead of being adopted. It just all depends on where you live, what the laws are, and how good your attorney is. |
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Raven
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I doubt the adoption would holt if the father did not want the child adopted but had no intention of raising the child himself. He can't force the mother to raise the child so if he's not willing I'm pretty sure the adoption would occur. He can't have her keep a baby neither of them wishes to raise simply because he doesn't want her to give it up.... if he won't step up I don't see how he can stop it. The mother could always take the father to court to terminate his rights.... |
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AnnaBelle
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As long as Daddy-O still has rights, adoption can't happen. Where the child goes is immaterial (as it pertains to adoption, that is). The legal procedure of adoption can't occur without Dad's sign off (except in some back-a$$wards places). No matter if he doesn't want to raise the child. If he is not willing to sign, he is legally and morally obligated to support the child financially, emotionally and physically. Even if the child does not live with him, he will still have to pay support. He doesn't get it both ways.
So, I guess the child would have to end up with one of the supposedly unwilling parents, a relative, a friend...in the absence of another place to go.
ETA: I think this probably goes without saying, but I'm not talking about fraud, here. Lord knows there's plenty of that that goes on, where agencies/lawyers, etc., mow over Dad's rights, but I'm assuming that in this hypothetical situation that everything is legal and above-board. If not, this hypothetical situation would be moot anyway. |
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De
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he could fight it but it could not happen unless he agrees |
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Maria Puta
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The baby will just disappear. There's no problem! |
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