If a biological father signed his rights away?

Question

If the guy signd his rights away on adoption papers, but the mom ended up not giving the baby up for adoption, does it carry over? Unfortunately, I can't get my hands on a copy of the papers.

Answer 1

I don't know if your state has the punitive(i might have spelled that wrong.) Father law or not but if it does and he didn't file in a certain time limit (i think its by the time they turn 1), he doesnt have any rights to the kid.

Answer 2

As long as the adoption wasn't finalized and the papers weren't recorded or made legal then I think the father would still have his rights. It's a change in circumstance that he didn't agree to. It wouldn't be fair if it was valid.

Also, in most states a judge won't even let a father sign away his rights unless he is insane or in prison. They always try to make sure there are 2 financially responsible adults for each child. In NV if a mom goes on cash assistance they try to get reinbursed by collecting from the father. I think they are afraid if a father signs away his rights then they have no second party to collect from.

Answer 3

Interesting question.  What's your role in this?  Are you the Mom or the father's girlfriend?  

It won't get him out of paying child support, if that's what you're asking.

If you're the Mom and want child support, you can get it.  

If you're the Mom and are trying to withhold visitation, you can do that.   He has no legal rights to the child unless he goes to court to regain them.  If this is the case, is it really what you want to do?  Please don't put a child in the middle of adult issues.  It's terribly cruel.  

Whatever your issue, it's the child that's most important.  Don't forget that.  It doesn't matter what adults feel about each other, a child should NEVER be used as a weapon.

Answer 4

The adoption papers would be voided out so no but the courts would view it as the father didn't want the child and would most likely use that to say no visitation rights.

Answer 5

you can get the copy of papers they have copies at the court house where you got the adoption done which county? then you go and pay for it youc an get it. I think with you signing your rights i believe you are done but if there are questions to that i would contact the lawyer and find out.

Answer 6

Dear Liz,

I think you're most likely safe (it sounds like he'd be easy to prove unfil if there were an issue!). There might be a chance for him to claim that he was presented the papers under false pretenses (fraud) but it is doubtful it would hold up. Especially if more than a year has passed since the document was signed. You WILL need to get a copy of the paperwork. It should be filed and accessable if there was no adoption. (It won't be sealed!)

Congratulations on your baby! I am glad you decided to parent your child and wish you and your sweet little boy all the best! Good luck to you and your family!

Answer 7

Not to be flippant, but ask an attorney.  The exact answer would depend on the situation and possibly variations in the law from state to state.  Generally, it would depend on whether the father signed away *all* rights, or only consented to adoption; there *might* be a clause revoking such consent if adoption does not actually occur.  And yes, you probably need to get a copy of the actual papers; it might be possible to find them in the court or public records.

Answer 8

Sounds like you are responsible for child support.

Answer 9

He would need to speak to an attorney, but if he was relinquishing rights to pave way for an adoption, and the adoption did not occur, I would think the relinquishment is invalid.

ETA: If you don't want him to have rights, you need to get an attorney to have them involuntarily removed based on him being a rapist and unfit parent

Answer 10

I know with our son,. the birth parents signed their rights over, and it didn't matter what happened to the baby after that. It was irrevocable. They waited for everything with us to be in place to take him. However, when we went to get him, they decided last minute we weren't taking him. (we were able to get through that and get him, thank God) and her public defender was going to see if they could revoke that until DSS got their acts together.  

It's going to depend on exactly what he signed, and the laws in the state you're in make make a difference.