A major concern for many potential parents considering adoption is the risk that the birth father will suddenly appear and attempt to stop the adoption process. There is no denying that this can be a potential risk so experienced Kansas adoption attorneys will take specific steps to mitigate this risk. In some cases, Wichita adoption attorney Tom McDowell will ensure that the father is notified and attempt to obtain a voluntary relinquishment of his parental rights. When the birth father cannot be identified or located, the process can be more complicated but remains equally important. We have provided an overview of a birth father’s rights in the context of a potential adoption.
Although many times a birth father is not involved in the adoption process, the birth father has the same parental rights as the birth mother. This means that the birth father’s parental rights can only be terminated by a voluntary decision of the father to surrender those rights or a court order terminating the birth parent’s rights. Because an adoption that proceeds where the father is either unknown or cannot be located presents a certain degree of risk, Mr. McDowell can ensure that you comply with all legal and practical steps to minimize the risk that the birth father will reappear in the 11th hour to challenge the adoption.
Informing and Involving the Birth Father: The best option is to notify the birth father of the prospective adoption and directly involve him in the adoption plan. If the birth father is aware of the adoption process and signs the necessary documents to voluntarily relinquish his legal rights, this provides the best protection against a birth father attempting to stop or reverse the adoption process at a later time. Mr. McDowell carefully complies with the notice and voluntary relinquishment requirements so that his clients have less reason to fear problems later.
Locating Known Birth Fathers: If the identity of the birth father is known but his location is not, Mr. McDowell may engage in multiple steps to locate and notify the birth father of the pending adoption process. This process may involve researching putative (presumed) father registries and publishing notices where the alleged birth father may reside. While publishing notice may not be necessary in states with putative father registries, the decision to also publish notice can make it even more difficult for the birth father to challenge the adoption after the process has been completed.
Identity and Location of Birth Father Unknown: This situation presents the greatest risk to adoptive parents because there is no way that notice can be provided nor will the birth father be involved in the adoption plan. Although the putative father registries may still be checked and notice may be published, you may want to specifically discuss the level of risk involved in this situation if you are developing criteria for selecting a birth mother for an independent adoption.
Wichita, KS adoption attorney Thomas C. McDowell has been practicing law for over two decades. We provide legal representation in agency, foreign and step-parent adoption. We offer a free consultation so that we can evaluate your situation so call us today at 316-269-0746 or submit an online case evaluation form.