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I need info on open adoptions.does it require a signature from both parents and can it be done without the consent of one parent.

my grandson was adopted out by his mother without the consent of my son and we want to find the baby

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Asked by grandmatammy41 at 1:39 PM on Jun. 19, 2008 in Adoption

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Answers (8)
  • I believe every adoption, whether open or closed, requires the consent of BOTH parents. I do believe you have legal recourse here. At the very least, he can claim parentage and request a paternity test. The only way the mother could have successfully given up the baby for adoption is if she claimed she did not know who the father is. Either way, she could be charged with denying your son of his parental rights. Start by retaining an attorney specializing in family or adoption law. The best of luck to you!!

    Answer by RCrohn at 1:45 PM on Jun. 19, 2008

  • I just went through trying to adopt a baby and the mother signed but the father didn't and my lawyer said he has to sign and they said he couldn't be found - but the lawyer said they try everything to find him because if he doesn't sign he can come back and we would have to give him the baby back.

    Answer by Anonymous at 1:53 PM on Jun. 19, 2008

  • contact birthright or carenet, if they are in your area of another pregnancy resource center or adoption agency, possibly even social services. They might be able to help you.

    Answer by mlswimmer1 at 2:06 PM on Jun. 19, 2008

  • It actually depends on the laws of the state. You need to contact a lawyer to find out what the adoption processes are in your state. She may have done it completely legally using a registry or using publication if they are approved in your state, in which case you are most likely out of luck because those laws exist to protect birth mothers and placements.

    Answer by Anonymous at 9:22 AM on Jun. 20, 2008

  • i'm not sure of the exact laws in your state, but here in Ohio, if the parents are not married at the birth of the child then the mother has full custody of the child unless the court rules otherwise. So, unless she would agree to him knowing the whereabouts (if she would even know, she may have chosen a closed adoption) then he may not find out... And due to legal contracts, the agency doesnt have to give out information to those not on the adoption agreement... sorry

    Answer by mfialdrdickhaus at 6:25 PM on Jun. 30, 2008

  • It really depends on the state. I live in ky and my child is in open adoption. Well they had to get in contact with my baby's birthfather. If he didnt know about the adoption they would have to find him by the infomation i got from him they would have had to put his name in the newpaper bulleting boards even a dective to try to find him and they would do that for 6 months. If in that time they still couldnt find him i would have to terminate his rights myself even if he didnt sign my lawyer told me that given his past and the fact he didnt signed the birth certifate i would get full custody and then take his rights. Find out the laws in your state see what they can do.

    Answer by Froger at 11:40 PM on Jul. 13, 2008

  • To adopt a baby out does not require the signature of both birth-parents. If the birth-father was not involved and did not sign up on the registry of birth-fathers, then the state does not require his approval and signature on the adoption. Now, this is in the state of Ohio where we adopted and, as far as we know, the birth-father does know that the birth-mother was pregnant, but we have no clue if he knows the baby was adopted out or what. I would suggest he contact an adoption attorney to find out his legal rights. Please though...Keep in mind that the adoptive parents may very well be extremely hesitant to allow him contact. They may be worried he'll try to take the baby away from them. Assure them he won't and they will probably be willing to be as open in the adoption with him as they are with the birth-mother.

    Answer by AllAboutKeeley at 8:53 AM on Jul. 14, 2008

  • Unfortunately it varies a lot state to state. I agree with what others have said.... that if a father has not been named, or they can't get ahold of him, many times they have to put notices in papers of the area(s) he might be in.

    Also some states have what is called the Putative Father Registry, which must be checked before a baby can be adopted (if the father hasn't come forward). Most people don't even know about the Putative Father Registry (where a guy can sign up if he thinks there is a possibility that he fathered a child with anyone) and I think it would be pointless for a man to be on the registry for one state if his ex-gf (or whatever) lives in a DIFFERENT state.

    Answer by mambahowell at 10:21 PM on Jul. 21, 2008

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