At times, the adoption process can be complicated considering that there are multiple parties involved. During an adoption, the legal system and individuals must take into account the rights of the child, the rights of the mother and father, and the rights of the adoptive parents. However, many people are unaware of the rights a biological father who has of a child that may be put up for adoption. Both federal and state laws discuss the rights of a birth father and certain aspects of adoption that all parties should certainly be aware of.
Father’s Rights in Adoption Proceedings
There are various laws, both federal and state that pertain to the rights of a father when it comes to adoption proceedings. A birth father has a Constitutional right to be notified if his biological child is to be put up for adoption. If he is opposed to the adoption, he may also have an opportunity before the court to discuss his objection and he has the right to be heard as to why. Some states even require that a form of publication or notification must take place in an attempt to make the father aware of the adoption proceedings if the biological father of the child is unknown. This publication would inform any and all men claiming to be (or with potential claims to be) the biological father of the child that there are pending adoption proceedings.
In Kansas, the birth father can give consent to adoption at any time up to six (6) months prior to the child being born, unless he has Native American Indian heritage. A mother, on the other hand, must wait twelve (12) hours after the birth to consent to the adoption proceedings. According to Kansas law, if a mother desires to consent to the adoption of her child, a petition shall be filed in the district court to terminate the parental rights of the father, unless the father’s relationship to the child has been previously terminated or determined not to exist by a court.
Can a Father Prevent Adoption Proceedings
A man must first establish paternity if he wishes to prevent or block any adoption proceedings from taking place. Once paternity has been established, the man must file a court order and work through the legal system in order to stop any pending or potential adoption proceedings. In the majority of states, an unmarried father will not be allowed to block an adoption unless he has taken every reasonable measure to accept his responsibilities toward the child and its mother. In Kansas, it must be shown that an unmarried father has attempted to act responsibly towards the child prior to the placement for adoption in order to have the right to contest the adoption.
When a Man is Presumed to be Child’s Biological Father
In Kansas, there are a variety of ways a man is said to be presumed to be his child. According to Kansas statutes, a man is presumed to be the father of a child in the following instances:
- The man and the child’s mother are, or have been, married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
- Before the child’s birth, the man and the child’s mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable, and:
- If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination.
- If the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.
- After the child’s birth, the man and the child’s mother have married, or attempted to marry, each other by a marriage, although the attempted marriage is void or voidable, and:
- The man has acknowledged paternity of the child in writing.
- With the man’s consent, he is named as the child’s father on the child’s birth certificate.
- The man is obligated to support the child under a written voluntary promise or by a court order.
- The man notoriously or in writing recognizes paternity of the child, including but not limited to a voluntary acknowledgment.
- Genetic test results indicate a probability of 97 percent or greater that the man is the father of the child.
- The man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child’s mother.
If you are the father of a child who has been put up for adoption or you have further questions about father’s rights in Kansas, we are here to help. Our seasoned Kansas Adoption Lawyer can easily answer your questions and help you maintain or secure your rights to your child. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can gladly assist you in your matter.