Adoption rulings may boost birth father's rights

Submitted by anthony on Mon, 2010-08-16 07:42

Story here. Excerpt:

'Adoptive parents often don't worry much about challenges from an alleged birth father who wasn't married to the mother.

If the man didn't meet the 30-day deadline for signing the state's putative-father registry, offer support during the pregnancy or establish paternity before the adoption was filed, he might have little chance to halt the placement.

But two recent Ohio Supreme Court rulings in favor of birth fathers are putting putative-father laws on shaky ground, some observers say.

"I don't think it's hit people yet just how pervasive this might be," said Susan Eisenman, an Upper Arlington adoption lawyer. "If the guy doesn't want the adoption to go forward, all he has to do is file a paternity suit. Even if he's done nothing for the child, he can stop it."
...

In the two cases the court decided by 4-3 rulings last month, neither father had paternity legally determined before the adoption proceedings began, according to Ohio Supreme Court documents.

One man, whose child was placed for private adoption in Lucas County, had signed the registry on time. Another had not signed the registry but had been involved with the mother and sought to contest the adoption of his daughter by the woman's new husband in Hamilton County.

Kenneth Cahill, attorney for the biological father in the Hamilton County case, said his client had an established relationship with his child. The girl was nearly 2 years old by the time her new stepfather filed to adopt.

"The legislative history of the putative-father registry didn't fit the facts of this case," Cahill said. "To use a technicality to say that a parent-child relationship is going to be terminated doesn't sit well."'

Like0 Dislike0

Comments

"offer support during the pregnancy"...

how does that matter? its her body and she only got a fetus in her... right?

Amazing how they get it both ways. If patenting starts before birth then parenting starts before birth!

As for the rulings thank God fathers aren't just considered automatic ATMs

Like0 Dislike0
Submitted by fondueguy on Wed, 2010-08-18 03:45

This is of interest to me.

As far as I know, in all states the birth father's signature is needed to terminate his parental rights and put child up for adoption. But his signature is waved if the mother cannot identify him or if he abandons her. This can be fraudulently accomplished by simply lying or not notifying the father of the pregnancy. In many (all?) states if father's signature is not included the mother is required to include an affidavit (sworn statement)stating the reason. Also finalizing of the adoption will be delayed 30 days to see if father comes forward.

Any guy that knows that his girlfriend or past partner is pregnant can legally stop an adoption, even if he is unsure if he is the father or not. All it takes is a call to an attorney.

The tricky part is that most guys do not even know what their rights are and what the procedure is; and procedures differ from state to state. Many guys would not think to call an attorney if they are not even aware their pregnant partner is considering adoption. I suppose that some adoption agencies may be motivated to do as little as possible to enquire about the birth father.

Punitive father's registries seem to be ineffective because many father's are unaware of such registries or their window of time run's out before they are aware of all the facts about the birth and adoption or the mother moves to another state.

I think there is a lot of room for improvement as far as respecting father's rights in adoption. Just brainstorming, I can come up with a few ways. First make all state laws consistent and make the punitive father registry nation-wide instead of state by state, that way a mother's name will pop up no matter where she lives. Also interview and document the mother more than once regarding the father and her attempts to contact him and define and confirm if "abandonment" really occurred. If father's signature is missing on documents, extend the 30 day period to finalize adoption to 90 days. Impose fines on adoption agencies or attorneys that try and skirt the issue.

In regards to the father "offer[ing] support during pregnancy" -I was told by an attorney that this can be emotional support such as accompanying the mother to doctor's appointments and/or showing a positive attitude about the pregnancy.

Personally I do not believe support or abandonment during pregnancy should be a deciding factor in terminating father's rights. It should only be considered if it occurs after the baby is born because a father may have a negative reaction to pregnancy or to the mother, but may react positively towards the baby. The opposite also occurs when a father is only interested in the mother and sticks around as long as they have a relationship, but is not interested in the baby without the mother.

Like0 Dislike0
Submitted by Kris on Thu, 2010-08-19 01:32

"Punitive father's registries seem to be ineffective because many father's are unaware of such registries or their window of time run's out before they are aware of all the facts about the birth and adoption or the mother moves to another state"

In fact, this indicates that they are extremely effective in accomplishing their primary goal of stripping biological fathers of rights that might interfere with adoption procedures. While the correct term is putative father's registries, I think your term is more accurate ;)

Like0 Dislike0
Submitted by DrDamage on Sun, 2010-08-29 02:01

"Punitive father" should be "putative father".

Ha ha! Boy do I feel stupid.

Thanks for pointing out my error : )

Like0 Dislike0
Submitted by Kris on Sun, 2010-08-29 03:02