If a Birth mom gives up her baby but didnt tell the bio dad would the AP have 2 give the baby back to its dad?

Question

If the biological father found out that his ex gave his child up for adoption (without him knowing) Could he get his child back?

Answer 1

No. That's how it is in my state, Utah. The mothers have all say. The only way he could have stopped the adoption process is if he sign a certain paper stating that he was the dad and was not giving up his rights to place the baby. Of course he would have had to get a lawyer to figure that one out.

Answer 2

Yes, if not too much time has passed.

I know 3 cases now where the bio dad was never told of the pregnancy but found out after the baby was already adopted.  All 3 adoptions were reversed and the baby given to the father.  In two cases, the kids are now out of high school - one was about 11 months and the other over a year when the dads physically got custody of them). The other was my Uncle's daughter (and in Texas no less).  Unfortunately, he passed away before he was able to take physical custody and she is now being raised by my cousin and his wife.

Ultimately, punitive registries will be found to be unconstitutional, but I am SO disgusted with judges not demanding that the agencies or the woman hire an investigator to find the father.  Nearly always, she knows where he is, but if she didn't, an investigator could find most people in less than 24 hours.

Answer 3

Yes, it quite it is quite likely that he could gain custody of his child.  There have been some famous cases where the father sued to get his child back after he/she was illegally taken from him.

Answer 4

The laws vary from state to state.  There is a law in ours, and many others called the "Punitive Father Registry".  If a man doesn't go to the courthouse and sign papers stating that he is the father of a child, he loses his parental rights.  In Arkansas, it's 10 days, which co-incides with the amount of time it takes to sign relinquishment of a child to place it for adoption.  In Florida, ignorance is not given any favoritism.  Basically, it's made so kids can get on with their lives despite deadbeat dads.  The theory behind the law is that if a man has s*x with a woman, the possibility exists that he might father a child, and if so, he must sign that he is the punitive father, and take responsibility for the child.

Answer 5

He should be able to, if he wishes.  Its not fair that he wasn't consulted about the adoption of his own child.

Yes, it might not be fair to the adoptive parents...but that's why everyone involved should make sure that both the birth mother and birth father sign off prior to the adoption.

There are birth mothers who get around the father's rights issue by claiming "I don't know who the father is," just to avoid having him sign off.  (In fact, I know a couple who adopted a newborn knowing full well that the father was left out of the loop, because the process was "faster" without involving the birth father.  If you knowingly participate in something like that, you should be well aware that you're taking a risk if the father finds out.)

Answer 6

The father should have been contacted regardless.

The laws kinda suck for dads.They should make the moms contact them so they can have their rights taken away.The birth mothers can always lie and say the father was a one night stand or some other c**p.He has a right to know his kid visa versa (unless he was a total deadbeat that didn't care about the baby)

Answer 7

I do not even know if the states I am about to talk about have punitive father registries, but this is just an example.

If someone were to get pregnant by her boyfriend in Maryland, than decided to break up with the guy (maybe without knowing she was pregnant) and move to another state, say Minnesota.  Than, after she moved to Minnesota she found out she was pregnant, decided not to tell him and place the baby for adoption.  Lets just assume the agency knows that she is not telling the father about the baby, so they have her temporarily move to yet another state to make it easier to place the baby with a family.  Lets say Texas.

From my understanding about the punitive father registries the father would have to file in Texas in this case, otherwise he would have no claim on the child.  However, how the heck is he supposed to know that she is now living in Texas?  Lets just say that he did register in Maryland, and maybe even Minnesota, just in case, but she never told him that she was now living in Texas, so he never did it there.

Wouldn't it really say that every time a guy had s*x with any new person, he would basically have to register in ALL states with punitive father registries?  Isn't that kind of insane?  I think that they are really out of line, and any PAP, AP and biological mother SHOULD do the ethical and right thing by the child and make sure BOTH biological parents consented to the adoption (if it is a non CPS related adoption).

I don't care WHO it is, if my cousin came to me, telling me she was pregnant, and wanted to place the baby with me, but did not want to deal with the biological father (for whatever reason except for rape, and even than I would strongly suggest to her to get an abortion) or even claimed to not know who the father was, I don't think I would adopt the child.   Why?  Because I could not look at myself in the mirror every day knowing I possibly took away the biological father's chance at being a parent.  If he wants to parent the child he should have the same chance as the biological mother.  

I do not know if legally the APs would be obligated to give the baby to the dad, but if he wanted to parent, I think ethically/morally they should do the right thing and let him have a chance to raise his own child.  

Obviously, if the baby would come to harm by being in his custody, I would assume that CPS could step in and take the child away from him.

Answer 8

Yep, especially if he hires the right attorney. I would suggest not fighting it because its going against nature.

Answer 9

Apple/Twylite,

***DISCLAIMER***

As crazy as this sound may sound at first, and as hard as it may be for some people to understand,  I have discussed and this at legnth with several very well educated medical and legal minds for whom I have a great deal of respect, as well as many friends who concern themselves with things like ethics and enjoy lively debate. The below is merely the opinion I have formed as a result. Take it or leave it. :)

Here goes:

It would depend on several factors such as the circumtances surrounding the adoption,  the legnth of time since the adoption was finalized, the legalities of the state or states involved, the fitness of the father, etc.

IMO, any agency or PAP who willfully engages in an adoption where there are questions about whether or not the Father has been given the opportunity to parent HIS child is not only ethically suspect but also does NOT really have the best interest of the child at heart. IMO, any agency, lawyer, or Court Official or PAP who KNOWINGLY denies a FIT Father the opportunity to raise his WANTED child is a criminal.

I think that First Mothers who place children for adoption WITHOUT the consent of the First Father (when he is known to her!) or without the Court's approval due to circumstances such as rape or abuse, are VERY unethical and are in fact ABUSING both the First Father and even more importantly, THE CHILD. IMO, these women are generally vindictive and selfish and are using adoption as a way to avoid responsibility as well as inflict pain on the First Father.

I am a First Mother myself and I would NEVER purposfully deny my child their rights to their heritage and medical history but even more importantly I would have NEVER, NEVER subjected my child to the agony of knowing that I had PURPOSLY DENIED them the opportunity to be raised by a fit and loving biological parent who not only could have parented them but WANTED TO.

I am against Putative Fathers Registries being used as an excuse to deny a Father a child (ESPECIALLY one he was never aware of) and I believe they violate his rights by forcing him to claim that which is ALREADY his.

I feel that these registries are also unfair because they put an undue responsibility on men to position themselves as "keepers" of sorts  to every woman they ever have sexual CONTACT with (because believe it or not folks, people CAN get pregnant WITHOUT actual intercourse - get educated!) FOREVER (because spermatazoa CAN be frozen and used at a later date EVEN WITHOUT the consent of the doner!) It could be argued, it thus gives reason for them to invade the privacy of all their sexual partners as WELL as women who would likely have access to any specimens of theirs.

In my opinion, Putative Fathers Registries Should be used for search and reunion purposes and in cases of questionable paternity.

I think in cases where there is not a possibility of returning a child to the FF, (because of a VALID reason - ie: age, bonding issues, etc.) that some sort of legal and enforcable visitation and support ORDER should be the general solution. (Please bear in mind that I feel ALL adoptions are UNIQUE and should not be generalized or treated without differentiation and descretion for its individual circumstances.)

***Getting off of soapbox***

ETA: I would highly suggest that people educate themselves as much as possible about these issues and form their OWN opinions based in some serious thought and knowledge. Father's Rights is one of many family issues which are getting to be very large and have a major impact on social conditions for ALL of us.

***Getting off of soapbox again***

Answer 10

there are alot of "if's" in this. did the father know she was pregnant? Adoption takes many months and if he knew she was pregnant then the courts would question as to where he was all this time with no contact. If he was on the birth certificate they would also question why he wasn't involved as they go to great lengths to find the bio father.  But if he never knew till now that the child even existed then he might have a chance. But seriously, should think about whats best for the child and how long the child has been with adoptive family.

Answer 11

Depends, if the biological father finds out and comes forward and a DNA test proves he is the father then he can apply to the courts to have the adoption over turned.  If it hasn't been long and the baby is still young he may have a chance if he can prove he can provide for the baby but if it is an older child he may get visitations or he may get nothing at all.  That is why they encourage woman to make sure the father signs off so there isn't more crazyness being brought into the childs life.

Answer 12

totally agree with sizesmith ... just saw this on doctor phil -- she gave the baby up and he found out but couldn't get the baby back because of the punitive father laws. he is fighting it currently but it seems not to be over. however if that gets over turn there still will be a hearing to determine if he is a qualified father