The Birth Father's Rights in Adoption

Birth fathers have some rights under state law for impending adoption proceedings.

Putative (presumed) fathers have rights under their state's laws, but they are less than the birth mothers have. Traditionally, states have used their discretionary powers to provide what rights, if any, fathers may have during adoption proceedings.

History

The United States Supreme Court has upheld fathers' constitutional 14th Amendment rights. The Court makes an exception to provide fathers with more significant rights when there is a significant existing relationship with the child as established through a biological connection between father and child.

Features

In order to receive the constitutional protection, a biological connection is necessary. Generally, "putative father" is defined as a man claiming to be the natural father of a child born out of wedlock.

In jurisdictions providing putative fathers with adoption rights, these fathers may be noticed for pending adoptions.

Considerations

Some States allow fathers to register with putative father adoption registries to provide them with notice for any future adoption proceedings.

In all states, most adoption agencies make every possible attempt to provide both parents with an opportunity to consent to the adoption to avoid any potential revocation of adoption rights.

Disclaimer

Since laws may frequently change, you should not use this information as a substitute for legal advice. Seek an attorney's advice licensed to practice in your jurisdiction.

References

• U.S. Department of Health and Human Services: Administration for Children and Families: The Rights of Presumed (Putative) Fathers: Summary of State Laws