Before an adoption can proceed, the parental rights of both birth parents must be terminated. Most birth fathers willingly give up their rights to the child during an adoption. But some fathers want the opportunity to parent their child. If you believe yourself to be the father of a child, you must take specific steps to protect your rights.
History
Unwed fathers have historically had fewer rights than either married parents or unwed mothers. According to adoption.com, before the 1970s an unwed father was assumed to be unfit or uninterested in parenting a child, and decisions about adoption were often left solely up to the mother. Over the past few decades, fathers have begun to assert their rights, using the 14th Amendment to the U.S. Constitution--in particular the Due Process clause--to claim they are not to be deprived of their parental rights. The Supreme Court has ruled that an unwed father's constitutional rights are protected, provided he can prove a biological link and a substantial relationship with his child.
Significance
A changing attitude about father's rights has left its mark on the U.S. family court system. In cases of divorce and separation, rather than automatically awarding custody to mothers, courts are now inclined to award parents joint custody unless one parent is proven unfit. In cases of adoption, most states now recognize the rights of a putative father--that is, a man that is presumed or claims to be a child's father, but hasn't legally been declared so--to be informed of any petition to terminate his parental rights, and of any plans to place of his child for adoption. He also has the right to contest an adoption.
Responsibilities
Adopting.org notes that acknowledging paternity can mean making support payments and contributing to pregnancy care and other medical expenses. If you plan to contest an adoption, you must be prepared to raise your child. If you are single, have limited financial means, support other children, or work extended hours, you must consider how you will best arrange your situation to provide the best possible environment for your child.
State Laws
It is up to states to decide what rights fathers have. Adoption.com explains that in some states, notice of a planned adoption must be given to a birth father. Other states consider that "notice" occurs at the time of sexual intercourse, as a man is presumably aware that the act could result in a pregnancy. Many states fall between these two extremes, and offer presumed fathers some way to claim possible paternity before a child is born.
Considerations
If you believe yourself to be the father of an unborn child and you want to protect your rights, you must first find out how to meet the standards of your state statutes. In many states, you can submit information about yourself, your child and your child's mother to a special registry called the Putative Father Registry. The registry keeps track of the information, and will notify you about any petitions to terminate your rights, or any plans to place your child for adoption.
