Question:

Question about fathers rights to unborn child.?

by Guest63489  |  earlier

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around 7 to 8 months ago a friend of my husbands got his girlfriend pregnant--the girl was having a rough time and wanted to go visit 3 hours away with her mom--she decided to stay for awhile so they could take a break--he begged her to stay but she didn't--he even thought about going with her but was worried about giving up his job and being away from his family and his son (he has another child)---he called her to check on her a couple times a week--when one day she called and told him she had a miscarriage---still thinking about it he went to visit her last month and found out that she is still pregnant--she said she is giving the child up for adoption--how can he approach getting custody of this child---no one will contact him when the child is born--he won't know when or where so is there something he can do now before she has the child?

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3 ANSWERS


  1. She CANNOT give the baby up for adoption legally without the father signing away his rights.  She would have to lie on the adoption papers and say she doesn't know who the father is, or that he disappeared from her life to be able to surrender the baby for adoption without his consent, and retaining an attorney now will prevent that.  (She already lied to him once, saying she'd had a miscarriage, so it is likely she was planning to do it again.)  

    That said, the father needs to seek an attorney's advice right now, and make his intent known. He should be able to have his attorney get a judge to order her to inform him of the baby's birth.

    He will have to wait until the baby is born for a paternity test, and will have to pay for it, and the attorney, but if it is truly his wish to seek custody this is the road he has to follow.


  2. He needs to try and contact the hospital she is to be in and the OBgyn she is using and let them know the situation. He can also get a lawyer and fight for custody of the baby. He may even be able to find out what adoption agency she is using and inform them of the situation.

  3. wow. What a horrible situation. Unfortunatly there would have to be a paternity test, which can't be done until after the child is born. So there really isn't anything that can be done until the baby is born. And by that time a couple will be promised this baby. What a horrible thing!!

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