Laws vary from state to state regarding a father's rights in adoption in the U.S., but in general, the biological father of a child legally enjoys most of the same rights as the biological mother, and must consent in writing to the child's adoption. In practice, unmarried fathers often find it difficult to exercise these rights.
Court Cases
The U.S. Supreme Court ruled in 1972 (Stanley vs. Illinois) that unwed fathers have the same parental rights as unwed mothers when the father has a substantial relationship with the child. In three widely publicized cases in the 1990s---"Baby Jessica," "Baby Richard" and "Baby M"---the supreme courts of Michigan, Iowa, Illinois and Pennsylvania ruled that children who had been placed with adoptive parents must be returned to their biological parents because the father had not consented to the child's adoption.
Putative Father Registries
Twenty-five states have putative father registries for men who want to voluntarily acknowledge that they are, or may be, the father of a child. A "putative father" refers to a man who may be a child's father, but who was not married to the mother at the time of the child's birth and has not legally established that he is the father. Some states require that a man register before he can exercise his parental rights, including the right to be informed of any adoption proceedings. Few states actively publicize their registries, and many men do not know about them. Several states hold that ignorance of the pregnancy is not an excuse not to register. In other words, a man who has had sex with a new partner and would want to be involved in the life of any child that results must sign the registry if he wants to protect his rights as a father. There is usually a filing deadline for when the putative father must register.
Other Ways to Claim Paternity
More than 20 states allow a father to claim paternity by filing an affidavit or acknowledgment with the court.
Waiting Period
Even if the father consents to the adoption, each state has a waiting period after relinquishment when either or both of the parents who have consented to an adoption can change their minds and choose to raise the child themselves.
Married Fathers
If the father was married to the mother at the time of birth, he must consent to the adoption, unless the court terminates his rights for abandonment or another reason. The law may also require the consent of the woman's husband if she plans to place the child for adoption, even if her husband is not the child's biological father.
Caution
This is not legal advice. Consult an attorney experienced in family law in matters involving child custody.
