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Can a birth mother give her child up for adoption without the father? If so, will the father be able to come back and ask for the child?


Asked by prissysayshi at 1:34 PM on Nov. 20, 2010 in Adoption

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Answers (14)
  • It depends. In our case in the state of Ohio, the BDad was not involved in the adoption process at all and did not sign anything. In fact, the person we were told was the BDad at first turned out to not be the BDad...I guess in the end there was the possibility of 3 different guys. Two were searched for in the birthfather registry where they were not listed and the other was proven not to be through a paternity test. Everything was done legally and by the book, so if he comes forward now, over 4 years later, and says "I want that kid" it really won't do him any good.

    With that being said, we have heard from the BGma that the actual BDad knows about DD and the adoption and is happy with it. We were told by BGma that she does not believe he or his family should have any contact with DD yet (drug/behavioral problems), so we can't get any info on him other that his first name.

    Answer by AllAboutKeeley at 10:51 AM on Nov. 21, 2010

  • YES the father needs to sign the papers to give up he's rights. If adoption is done without the fathers knowledge he has every right to get that child back and has a high chance of getting the child back.

    Answer by mommy_of_two388 at 1:39 PM on Nov. 20, 2010

  • The mother has to have the father sign the adoption papers, or attempt to find the father of the child. If the mother adopts the child out, and the father comes back and demands to see the child, he can get custody and such... and the mother can get into a lot of trouble.

    Answer by xxlilmomma09 at 1:42 PM on Nov. 20, 2010

  • It depends on the state. Some states you do not have to have fathers permision if you can show resonable attempts where made to get a hold of the father and have him included in it. You need to talk to an adoption attorney in your state and find out what the laws are.

    Answer by Alanaplus3 at 1:43 PM on Nov. 20, 2010

  • Yup you have to have the permission from the father.

    Answer by nowmommyof2 at 1:40 PM on Nov. 20, 2010

  • From an adoptive mother's point of view, I'd never adopt a child until both parents have signed away their rights.

    Answer by ceallaigh at 1:51 PM on Nov. 20, 2010

  • yep i agree with everyone here but it also depends upon what state you live in. gl

    Answer by meagan678 at 1:45 PM on Nov. 20, 2010

  • No. What usually happens is the father sues for custody and the case gets dragged through the courts for years, often as long a 4, before the child is returned to the legal father. Very sad situation for the child.

    Answer by onethentwins at 3:43 PM on Nov. 20, 2010

  • It depends, too, if the mother names the birthfather. Some women don't because they don't want him to be a part of it, they don't want him to know, they want him gone. If she refuses to name him through the whole process, I am sure there are legal ways to terminate his rights in absentia. But I think the lawyer or agency has to document they tried every way possible to ask the birthmom for the info, if she refuses to name names, if's her right to do so, and then no father is listed and the adoption can go through. It might take longer to be finalized because they have to do due diligence, but I don't know about that end of things.

    Answer by TwoBrownDogs at 3:44 PM on Nov. 20, 2010

  • As others said, the states vary dramatically. I have heard about bdads not wanting to sign paternity because they are afraid that their signature is an acknowledgement that they are the dad and then if the bmom changes her mind, the Bdad will get stuck paying support.

    Answer by 2ndtimewish at 11:55 PM on Nov. 20, 2010