Can you adopt out a child without telling the father?

Question

I have a friend on myspace that had his ex adopt out his baby without letting him know about it and the adoption agency won't let him know where the baby is. He's trying differan't legal actions but no luck yet. Anyone have any suggestions?

Answer 1

I adopted out a child in Oregon and didnt tell the father. We werent married and he really didnt give a c**p that I was pregnant. I was only 15. Anyhow, I didnt have to tell him because we werent married. Thats what my attorney told me.

Answer 2

adoption does not happen overnight. When the child first went to foster care or to live with the adoptive family, where was the father? If he saw the child on a regular basis say once a week, then he would know the mother no longer had the child with her. But if he had no contact for months, then that is considered abandenment. But normally they need both parents signature to take awy his parental rights. But if they couldn' find him.  Sounds like there is more to your "myspace friends" story than what he is telling you.

Answer 3

If she tried legally (placing a notice in the local paper) and the waiting period has passed for him to come forward -- then yes, she could put the baby up for adoption.

Where was the father all this time?  He should have been seening his child as much as possible and keeping in contact regardless of the relationship between him and the mother.

He'll have to find a damm good lawyer, especially if the child was adopted on the up and up and can provide for the child better then he can.

Answer 4

I am so sorry for your friend.  Sadly, he will need a really, really good adoption lawyer to help him.  Does he have evidence that he tried to support the mother of his child while she was pregnant?  Does he have written evidence that he wanted to parent his child?

Unfortunately, the courts are biased against fathers in these cases.  I suggest that you do a search on the WEB to find organizations that fight for the rights of fathers.  Some of them are extreme in their views.  Unfortunately, extremism is needed to override some of these outrageous violations of paternal rights.

Answer 5

Unfortunately this happens a lot. Fathers have little if no recourse and the longer its been since placement, the more a judge will favor the agency and aparents.

Answer 6

I agree unless the father signed his rights away he is still the babies legal guardian. This is almost impossible and it is like others have said truely illegal. The father only has to inform the authorities and file charges against the mother. Simple as that. You get no where with out that signature baby.

Answer 7

PLEASE READ THE WHOLE MESSAGE BELOW.  THE ENDING IS IMPORTANT!

It depends if she named him on the birth certificate.

If she can show evidence that she (or her lawyer) tried to contact him, then there is nothing he can do.  However, if she named him on the birth certificate and either didn't try to contact him or gave false information so that he couldn't be contacted, then he may have a case.

He should contact an attorney to look into the adoption process.  They can access the records confidentially. Your friend won't be able to see any of the records, but the  attorney will be able to determine if the process was carried out properly.  If there is evidence of fraud, diress, or malpractice by the attorney that handled the adoption, then there may be recourse.

Your friend should think long and hard about this.  Even if he has recourse, he may not want to exercise it.  How old is the child?  He should think about what this will do emotionally to the child and the birthparents, all of whom had nothing to do with the birthmom/attorney not following the proper procedure.

He may just want to sleep well in the knowledge that the child is with a family that loves him/her.

Answer 8

Well I think it depends on the state. Some states only require you put a notice in the paper,letting the birth father know you are putting the child up for adoption. If he doesn't get up wih the birth mother or adoption agency, then the birth mother can legally put the child up for adoption.

Is it right?? No. But sometimes the father would just want to pay child support and not take care of the baby. In this case, the mother might not be able to care for the baby properly.

Tell you friend to check the local news paper where the baby lived before being adopted. The birth mother could have put a notice in the paper.

Answer 9

THAT is illegal, they should throw her azz in jail. get a lawyer asap.

Answer 10

get a lawyer it's against the law to give up a child without the father's consent

Answer 11

It depends where you live but he totally has legal rights to that baby. Where are you from??? Tell him to research the laws in your state or province and he should go to a laywer that specializes in adoptions they will know what he can do.

Answer 12

I don't understand all this "Put an add in the paper c**p"  Maybe 50 years ago!

The fact is if DNA proves that he is the biological father now or in the future, he has rights to that child. There is no time limit.

Sure the adoption may go forward, but heaven help the adoptive parents if the father finds out and decides to sue for his legal rights.

I know what I am talking about, we adopted and got burnt!!!!

Answer 13

Hi Angel,

I'm very sorry for your friend.

Mothers are supposed to inform the father if they want to place a child for adoption in most states, yes. The problem is, there are ways around this requirement, and agencies and lawyers know this. If your friend's ex claimed the father was unknown, the agency may have been able to have his rights terminated in court without his knowledge after either checking a putative fathers' registry and/or publishing a small ad in the legal notices section of a paper. It's sickening, but unfortunately, it's legal at this time.

However, that doesn't mean your friend should give up. Here's a resource--have him get in touch with Erik Smith, the author of the website I'm linking, okay? Erik is a father who went through a similar situation and now advocates for fathers' rights in adoption. He's also a paralegal or an attorney now (I forget which... I think attorney...), so he should be able to give your friend sound legal advice or point him in the direction of a good lawyer.

Good luck.

Answer 14

Eh..  Has he been helping her though the pregnancy? If not, than that right there can make it ok for her to adopt out the child.  My friend was going to keep her baby because her ex said he would be there for her, etc, etc, but then stopped going with her to the appts, and was doing drugs instead.  She decided she couldn't raise a baby on her own, and gave it up for adoption.. He tried to take legal action, but fell through anyhow.  She didn't have to have his signature or anything

Answer 15

I am working on a similar situation in my state where they allowed another guy to voluntarily acknowledge my daughter.

Have your friend contact me and I might be able to get him started, or at least point him in the right direction.

Answer 16

He has a lawyer and if he has no satisfaction, he needs a better lawyer.  Time is of the essense.  Contrary to the poster above, it doesn't matter whether he is named on the birth certificate or not.  That does not diminish his legal rights.   The judge will order a DNA test to verify if he is the father.

Answer 17

I would start by going to the police -- it is effectively child abduction in the US (assuming that his paternity writes weren't signed away by him or removed by a court at any time).

Answer 18

What your friend did is not only illegal, the agency can also be held responsible.  The baby's father can legally take that child back.  The father is supposed to be served with paperwork (several methods must be used before saying "Can't find him") and he must appear in court to fight the adoption.  If your friend did this behind her ex's back, she must have lied about where he lived to get it so he would not appear in court.  That is not only low.....it's disgraceful.  Now not only that poor dad has to suffer, but the child and their new parents will suffer for losing that baby.  He really needs to look into adoption laws in his state or the state the baby was placed in.  What really works is to threaten the adoption agency that you'll go to the media with it if they don't give up some info.  I hope daddy gets his baby back and then nail that b**** for child support (and FYI, most states will make the noncustodial parent pay support for the child to attend college).

Has he spoken to anyone in the local family court or even the county prosecutor?

Answer 19

She has donr the worst thing!!! Would it kill her to tell the father? i think not so tell her to get her butt up and tell him, then they can figure out something! Its not ONLY her baby u know half of the baby is the fathers (in this case i don't mean " cut the baby in-half and give one 1/2 to the father and the other 1/2 to the mom").

I-pod.

Answer 20

Get a lawyer. They have no right to not tell him.