Adoption is almost always a lengthy and complicated procedure. Usually, an adoptive couple hopes to make contact with a birth mother who does not plan to raise her baby. If the adoptive couple and birth mother form a bond of some sort, they may want to make an adoption plan. However, the birth father cannot be ignored in this matter. If the birth mother wants to let the couple adopt her child, the birth father can assert his parental rights in many cases if he wants to raise the child.
Initial Step
A couple that wants to adopt may contact an adoption agency or pursue a private adoption. In a private adoption, they may place an advertisement in a local paper, hoping a birth mother will read it and call. If the birth mother calls, they may develop a rapport. If the birth mother and the adoptive parents want to proceed, they can plan out a legal adoption. At that point, the adoptive couple's lawyer will start paperwork to make the adoption happen. She will likely ask the birth mother about the birth father and his intentions towards the baby.
If an adoption is handled by an adoption agency, the agency will also ask about the birth father's intentions. If the agency can secure the birth father's signature to release his parental rights, the agency will follow through on the adoption process. However, if the adoption agency can't locate the father or secure his signature on a release, they will pass on this adoption. Adoption agencies pull back from adoptions that have a significant chance of ending unsuccessfully.
Contacting the Birth Father
The birth mother may believe that the birth father agrees with the adoption plan. She may offer the birth father's contact information, and the lawyer will attempt to get in touch with the birth father. If he is not interested in raising the child on his own, he may be willing to sign over his parental rights. If he agrees to do so, the lawyers will ask him to do so in front of a notary. If he wants to assert his parental rights, he can say so at that point.
After the Birth
Even though both birth parents may have said they have no plans to raise their biological child prior to its birth, they may change their minds after the baby is born. They have every legal right to do so. In some states, they have 24 hours to take back their parental rights. In other states they will have 72 hours to do so. If the birth father changes his mind after the baby is born, he can reclaim his parental rights within the time designated by the state the baby is born.
Unknown Father
In many cases, the birth mother may not know where the birth father is, and she may not have any contact information. The birth father may not know he has impregnated the birth mother. He still has rights and may assert them when he learns that he is the biological father of a child. In a case like this, the prospective adoptive parents will put an ad in the local paper in an effort to find the birth father. If a birth father comes forward and can prove that he is indeed the father of the child, he can claim his parental right. However, if nobody claims the baby, the adoption can go forward.
Misconceptions
Many people believe that if the birth mother is not married, the birth father cannot put in a claim to raise the child as his own. However, while the birth mother's claim to the child takes precedence over the birth father's claim, the birth father's claim is stronger than that of the proposed adoptive parents. If the birth father wants to raise the child as his own and he can prove that he is truly the biological father, he can assert his rights and claim the baby.
