Can a father get rights back 3 years after adoption?

Question

I gave my baby up for adoption 3 years ago. Her father has threatened me on several occasions that he is going to get a attorney and fight for his rights back. The problem is, he never signed them away in the first place. Is it possible for him to take this to court? I really wanted to tell her parents but I am not sure if this is even possible! Honestly, I can't remember if I put his name on the birth certificate or not, it was a really emotional time for me so I am having a hard time remembering. (Horrible I know) If anyone has had this experience or knows I appericate your help! Thanks!

Answer 1

why didn't you get him to sign off his rights 3 years ago?

hard to say what could happen but you need to inform the adoption agency and get their honest opinion as they have the legal experience of dealing with this type of issue.

Answer 2

in most state and i really think all of them a father would have to be told that the child is being adopted out.  Giving him the change to take the child himself.  

I would get your paper work out to see.  You also need to talk to the parents.. give them a heads up, so they don't all of a sudden get a knock on their door or a phone call.

Answer 3

I think you should warn the adoptive parents, that way it won't be a huge shock if he tried to fight it and will give them a chance to prepare for a possible problem, even if it never happens. (never hurts to be ready just in case)

Answer 4

if you put his name on the bc, and he didn't sign his rights away, yes he can take them to court.

also, there have been court cases where the father, whether he is on the bc or not, had not signed his rights away and has gotten his baby back.

Answer 5

In the State of Ohio, no he can't.  He can't just show up after three years and take an interest.  It doesn't matter if he signed his rights away or even knew about the pregnancy.  Again, I'm only familiar with Ohio State laws.  But chances are that this is common in many states.  I mean, it makes sense doesn't it?  If he didn't follow up with you after you two had s*x to see if you were pregnant, then he has no right to do so now.  

Let me also say that it is wonderful that you made such a sacrifice for your child.

Answer 6

check with the agency you went through.   Here in Kansas birthfather's rights must be severed before the adoption can go through.        this is for the protection of the child/ adopted parents.

                    I would not give any information to this "birthfather"  on the where abouts of the child or of the adopted family.           And if this is a real "threat" from this guy ..you need to get him out of your life asap.   Sounds like he's using this "ploy" to controll you.  Doesn' sound like someone you want in your life.

    But check with the agency you went through, then go from there.    It would be next to impossable for him to get the child back.

Answer 7

When I adopted, the father was unknown. Even still his rights had to be terminated. This was to prevent him coming back years later and interrupting the stability of the child's life. There was an ad in the paper and the Putative Father Registry was checked twice. At the final hearing, my attorney and I were asked if there was any contact from a possible father, In my opinion, he has no fight. If he failed to register on the Putative Father Registry within a certain time frame and his name does not appear on the birth certificate, he can not interrupt this family's life. You could not have put him on the birth certificate because the child can not be adopted without the termination of his rights, and it doesn't sound as if he terminated them. I would contact the attorney and get solid legal advice before dealing with this man.

Answer 8

Obviously they are only threats if he hasn't done it yet! You couldn't have put his name on the birth certificate because he has to sign it and don't you have to have him sign his rights away before an addoption?

Answer 9

Probably not.  A father usually doesn't have rights unless he establishes them. If his name wasn't on the birth certificate, and he didn't sign the putative father registry in the state the baby was born, he doesn't have any rights.

Answer 10

idk

Answer 11

Did he jsut find out about the child?  Did he know three years ago that the child went for adoption?  If he just found out I get where he is going, but if he knew for three years and did nothing, then I guess too late.

Answer 12

Why is he threatening you?  If you gave the baby up for adoption, it's not like you can just go and get her back.

If he really wants custody of his child, his beef is with the adoptive parents... not you.

Answer 13

If the father never signed his rights away, then yes, he can get partial custody of your daughter. If he proves that he is the father, that he has a suitable source of income, and a place to stay, then he can take you to court. The Court will most likely grant you two joint custody, unless he is violent towards you or the baby or has a history of alcohol substance abuse.

Answer 14

Well for one thing you cannot put a mans name on the birth certificate ... you can give the child his last name but you can't put his name ... and yes he can take them to court and if he proves stable the chances of him getting his child back are very high especially since he never signed over his rights.

Answer 15

Gee where was he three years ago?

ETA

  Anybody can talk about wanting to be a father.....it takes a MAN to step up to the plate and be THE FATHER.

DD's natural father disappeared for almost five years....ummm yeah he was really interested in being a father.

She was left on lay-a-way until daddy decided after the birth of his new baby not to seek custody.

Answer 16

no, i hope not

Answer 17

He had to have signed his rights over, or they were terminated by the court.  Either way, it's been three years...he doesn't have a chance in h3ll in getting the adoption reversed and his rights reinstated...unless the rights were not terminated - which is a HUGH mistake by the court.

Answer 18

I gave a child up for adoption and there was a thing in the paper regarding it. Just a tiny little classified ad type of thing with no names, just initials, and it just said that if you thought you were the child's father to respond. I think the court system did that (in WI). I knew who the father was but they did that to prevent future problems. If this was done in your situation, there should be no way for him to get his rights back. Good luck and hope everything turns out for you!

Answer 19

yicks I have no idea!  Usually they don't allow an adoption to take place unless 1) Both parents have signed away their rights or 2) the state has terminated the rights.  If you went through an adoption agency I would recommend contacting them again and letting them know about the "threats".  I would probably guess he isn't serious just trying to make up upset.  Hang in there!

Answer 20

Depends on what state he is in. However, if he can prove fraud, he can have the adoption revoked.  If he hasn't already secured an attorney, I doubt that he has a chance.

I personally know of 3 cases where fathers had the adoption revoked (one was in TX last year).  However, in all 3 cases, the actions were started before the child was a year old and the fathers could PROVE fraud on the part of the mother (agency also, but I'm not sure on that). The fraud was that the mother knew who and where the father was located.

Answer 21

It depends on if you allowed for an open adoption or not. As someone who is adopted I can't imagine being with anyone else other than the people who have raised me.  Even at 3, the parents have bonded with love to that baby as well as the child.  A child's memory begins at about the age of 2 and by the age of three I'm sure the baby has already called her adopted parents mommy and daddy.  As responsible blood relatives you should both think of your child's rights not yours. The court might find that her father did indeed sign away when he didn't stop it. My parents never signed me away on paper, but they did when they left me at a hospital. Remember there is a law in this country called"statute of limitations" meaning you can't file suit on something after two years of the action (you giving up the child) except murder.  However, there are ways he can get around that, its the bummer of our legal system. If the father knew the baby existed and that you were going to give her up, I don't think he can touch her. But if he wasn't aware that you were pregnant or what you did with the baby and can prove, he has the right to take her.  But tell the parents that this is happening, because after all this isn't about you it's about the little girl.