Can someone else adopt your child without permission?

Question

A friend got a girl pregnant. She had the baby and then they broke up. He pays court ordered support, but her and her family has never allowed him visitation. Besides the obvious injustice of that, she is going to be married soon and the new man wants to adopt the daughter. What rights does my friend have?

Answer 1

He needs to take her to court for visitation this is wrong she doesn't have to right not to let him see his child and no she can't have the other man adopt the child with out the father's permission. He could sue her for doing that. He needs to step up and see his child. The child has a right to know his or her father.

Answer 2

It's good that he pays child support.  He can even file for custody of the child, however, she can't let the other man file for adoption without his permission legally.

I encourage all fathers to file with the county clerk's punitive father registry, which is where they file to show that they are the father in a court like setting.  It protects their rights.  Also, since she has stated that she wants her husband to be to adopt the baby, he needs to send her a registered letter stating this will not happen.  I'd have an attorney send it if possible, just to make sure she doesn't try to run a legal ad behind his back.

Answer 3

The stepdad can only adopt if the biologcal father's rights have been terminated or if he voluntarily gives them up.

Answer 4

he needs to do a paternity test, then take her to court and get visitation. He must sign over his rights in order for someone else  to adopt the child, unless he is not able to be found, in which case the mother must advertise and try to "serve" the father with court papers to ask for adoption, and if the father doesnt shoe, then the adoption may be granted. If he does want rights to the child, he must show up for whatever court hearings they may have, and let his desire be known.

Answer 5

While remarrying and adopting the step children as your own in such a case is not uncommon, I would think that if she is going to marry this man and the children like him what reasons would she have to not want them to be?  Your question doesn't really make sense to me because there are some details missing that are essential to really giving a proper answer.

As far as someone just adopting your child without consent, no, they can't.  In a step situation though if it is ideal for everyone why would you not want to?  If there are that many doubts about this guy to not want him to become a father to the child(ren) involved then why are they marrying at all?

Answer 6

As long as his name is on the birth certificate and he hasn't signed over his parental rights---man marrying your friend's ex has zero rights. He cannot adopt the child in question.

Alyssa's Mommy: your information is completely incorrect. The ONLY way to adopt a child is by having the rights of the bio-parent terminated. Either by court or by signing the paperwork to terminate the parental rights.

Answer 7

I'm pretty sure he has to consent to the adoption. He wont have to pay child support any more though b/c his parental rights would be terminated. Why doesnt he take her to court for visitation?

Answer 8

the only way your child can be adopted without your consent is if the child has been removed from your care and after you have failed to do what cps asked to get them back, they terminate your rights. in that case, yes. once your rights are terminated, they dont have to let you know or ask you for permission.

if you have rights, no your the parent and no one can adopt your child without you signing rights over.

Answer 9

if you abandon the child then yes they can but they do have to run a ad in the local newspaper to notify the public about this.

Answer 10

Depends on the situation. If you get a girl pregnant she can have your baby adopted off to some couple and you may never hear what happened.

If you are sitting at home with your 3 year old playing a game, no one is going to show up at your door with surprise adoption papers.

Answer 11

Your friend should get his butt into family court (he doesn't need a lawyer) and demand that the judge issue 'contempt of court' so that he can get visitation.  He should have done that already. Perhaps he is not aware that he doesn't need a lawyer to do this.

Also, if he is paying support regularly, there is no way that the child can be adopted without his permission.

Answer 12

There would always be legal notice. Now if the mom "doesn't know" where you are living, then they have to put a legal notice in the back of the newspaper of where you were last known to have lived. They would have to termintate your rights as a parent. The other option is that the mother did not list you on the birth certificate, and if she stated she did not know who the father was, then she could get around it that way

Answer 13

If the court has terminated your parental rights, yes.

Answer 14

He has the right to visitation first of all and can go to court to get it.  

Secondly if he is paying the court has a record of it (if it is court ordered) they will not let them adopt the child without his permission

Answer 15

if he doesn't pay child support he is ordered to pay, it is neglect/abandonment (easy to terminate parental rights, leaving the child open to be adopted).  if he is paying EVERY payment that he is supposed to, he would have to give permission/terminate his parental rights

Answer 16

If you don't contest it, I am sure there are legal ways around getting your consent.