If you are a biological father, for many years, not even the law viewed you as a vital part the adoption process. Madelyn Freundlich, former executive director of the Evans B. Donaldson Adoption Institute sums up the problem by saying, "Because they so seldom come forward, fathers are a forgotten element in the adoption equation."
History
Until the late 1900s, most states viewed the child of unwed parents as the sole "property" of the mother. No record of the child's biological father was mandatory nor was there need for a biological father to consent to the child's adoption. It was not until Stanley v. Illinois in 1972 that states began recognizing a biological father's right to have a say in the future of his child.
Legal Precedence
In 1996 Alphonso Andrews of Pennsylvania sued to gain back custody of the daughter he and his teenage girlfriend, Erica Erdley, had conceived. Erdley had placed the child for adoption through the adoption agency Genesis of Pittsburgh. Genesis failed to get consent for the adoption from Andrews. The battle over "Baby M" lasted four years with the Pennsylvania Supreme Court awarding custody to Alphonso Andrews. This case highlighted the need for stricter guidelines and enforcement of parental consent from both biological parents.
Registries
In at least 30 states---as of July, 2010--if you are a unmarried male who fathers a child, you need to register with your state's Putative Father Registry to establish your parental rights. The basic legal definition of putative father is the alleged or presumed biological father of a child born to a woman that is not the man's wife. Depending upon the state, you have 15 to 30 days after a child's birth to sign up with the Putative Father Registry. Failing to register means that your child's biological mother may put him up for adoption without your consent. In Arizona, Florida, Ohio, Minnesota, Texas and Utah a birth father can lose his parental rights even if he can prove that he had no knowledge of the pregnancy. Proponents of the putative father registries argue that they serve the needs of birth mothers, children and adoptive parents by reducing the chances of a birth father disrupting the adoption process. Opponents counter that the registries do not protect the rights of biological fathers because there is no statute that compels a woman to name her child's father or tell him of her pregnancy.
Non-Registry States
As of the summer of 2010, Alaska, California, Colorado, Connecticut, Hawaii, Mississippi, Kentucky, Maine, Maryland, Nevada, New Jersey, North Carolina, North Dakota, South Dakota, Rhode Island, South Carolina, Vermont, Washington, West Virginia and Wisconsin are the only states without a putative father registry. In these states, the process for establishing paternity and the time frame for you to exercise your rights varies. If you wish to prove your parental rights and prevent an adoption in any of these states, you should consult with an attorney well-versed in family law.
Married Fathers
Unlike birth fathers that are unmarried, a biological father who is or was married to the mother of his child at the time of conception or birth can legally prevent any adoption from going forward.
References
- Fathers' Rights, Mothers' Wrongs? Reflections on Unwed Fathers' Rights and Sex Equality; Mary L. Shanley; "Hypatia" Vol. 10, No. 1, Feminist Ethics and Social Policy, Part 1 (Winter, 1995), pp. 74-103
- The Adoption History Project: Stanley Vs. Illinois
- Post-Gazette.com: The Tug of War Over Baby M
- "Reading Eagle": Father Backs off Custody Fight
- Child Welfare Information Gateway: Putative Father Rights
