Adoption Without Father's Consent?

Question

My friend fathered a child 12 years ago. When the child was around a year old the mother of the child disappeared and left him no forwarding address.

He managed to track them down after a few months but a man at the end of the telephone told him to get lost and not to attempt to contact them again. They then disappeared and he has not been able to find them since.

My question is could this child have been adopted by a 'stepfather' without this father's consent? Not a day has gone by without him thinking of his son. He is a talented musician and alot of his music has been written with his son in mind - it breaks my heart.

If he was adopted and the birth certificate changed and sealed, will this child ever find his way back to his father?

Answer 1

try adoption registry

Answer 2

Yes, there are several ways that a child can be adopted away without the birth father's consent.

- The mother only needs to show she made a reasonable effort to contact the father.  This can be as simple as posting something in a newspaper.  If the court is 'satisfied', then the adoption can proceed.

- The mother can claim she does not know who the father was.  "I was drunk at a party", "I had several lovers at the time", etc.  Again, if the court is satisfied with her statement they can sign off on the deal.

However, in this case, the mother has lied and has committed fraud.  She likely knew who the father was and how to reach him.  However, it may be hard to prove that should things go to court.

Your friend should contact the police or hire a detective.

Answer 3

I feel for your friend. He most likely will never see his child again. There is so many ways to get around a birth father.

digyourm:  I wish it was that easy but even if you have proof that the child is your 99% Dna. They can still keep your child I know for my son has been fighting for 2 years. Your right if they don't terminate they can't adopt but they can ask a court to be given custody and that's another way to steal the child. Hide the child for enough time to use best interest and they got your child. My son has visitation for right now 3 states away.

Answer 4

I've seen enough made for TV movies to know that if the father does not sign away his rights, then the baby can legally be taken back from the adoptive parents at any time. He can hire a private investigator to find out where the birth mother is and find out where the baby was adopted to. If it was adopted, then he can sue for rights to have visitation or custody. No man can adopt a baby and then have the birth certificate altered. Even if he could, DNA doesn't lie. He could get a paternity test.

Answer 5

I believe that the father does have to sign off his rights, my cousin was adopted by his father only after his biological give up his rights, they HAD to havehis consent to do so.

I would get in contact with the police and have the child searched for. I know in my provance your not even aloud to leave the provance with the child without the consent of the other parent, and I am pretty sure that you have to inform the other parent if you are moving towns within the provance.

Answer 6

No legally the child should not have been able to be adopted with out his consent, he should try to track them down and call the local police and ask what he can do.

Answer 7

I agree with calling the police to see what he can do. The biological father has to sign rights away for child to be adopted. Good Luck in all this:)

Answer 8

Actually, a child can be adopted out if the mother claims she doesn't know the whereabouts or identity of the father and makes sufficient effort (with evidence such as news article postings) to find him.

In the case of a sealed adoption, the child could have those records unsealed when he is an adult.  With the internet, I can't see why in the world these people couldn't be found.  I would have your friend contact a private investigator.  For a small fee, he could probably find them within days.

I hope that your friend will take into consideration what is truly best for the child, no matter what decision he makes.