In Arkansas, birth fathers’ rights are complex and often depend on specific circumstances, such as whether the parents were married at the time of the child’s birth and whether paternity has been legally established. An expectant mother who wants to find a loving adoptive family for her child may or may not have to gain the consent of the father, depending on the circumstances. It’s important to have an experienced adoption lawyer as a guide through the details.
Establishing paternity
A key factor in birth fathers’ rights is establishing paternity. This can be done through various methods:
- Acknowledgment of Paternity (AOP): A voluntary legal document signed by both parents acknowledging the father’s relationship to the child
- Genetic testing: DNA testing to confirm biological parentage
- Court order: A court order establishing paternity
An AOP can be signed at any time up to the child’s 18th birthday. Either parent can withdraw their agreement to the AOP within 60 days. Signing an AOP does not automatically give the birth father custody or visitation rights, but it can be used in court to gain these rights.
In Arkansas, the husband of a married woman is legally the father of her child. If a married woman wants to acknowledge the biological father of her child as someone other than her husband, she and her husband and the biological father can all sign an AOP to that effect.
Genetic testing can show that a man is not the biological father of a child, or it can show a 99% chance that he is. If the birth parents are unsure about paternity, a genetic test is a wise choice.
Either parent can go to court to demand that the other parent cooperate in genetic testing and establishment of paternity.
If paternity is not established
Arkansas does not require unmarried mothers to tell the name of their child’s father. However, Arkansas does have a putative father registry. A man who believes he is the father of a child can sign the putative father registry and he will be notified before the child is placed with an adoptive family.
When a birth mother has chosen an adoptive family and the adoption is underway, the putative father or acknowledged father will be notified. He has 60 days to respond. If a birth father has no relationship with the child, his parental rights can be terminated and the adoption can go ahead. Otherwise, his consent is required for an adoption to take place.
If the father does not consent to the adoption, he will not automatically be awarded custody of the child. He can file for custody, or he can file for visitation rights. The birth mother cannot be forced to keep the child if the father wants visitation but not custody of the child, but the court will have to make decisions. Often the decisions will depend on factors like the degree of involvement the father had during the pregnancy and his ability to care for the child. The putative father in this case may have his parental rights terminated so that the child can begin a safe and stable life with the adoptive family.
If the birth father does not respond within 60 days, or if he is not awarded custody in court, he cannot come back later and sue for custody of the child. A legal adoption ends the parental rights of both birth parents. The child becomes the legal son or daughter of the adoptive parents.
It’s complicated
Given the complexities of Arkansas family law, it is crucial for birth parents to seek legal advice to understand their rights and protect their interests. An experienced family law attorney can help navigate the legal system, advocate for their clients’ rights, and develop effective strategies to achieve their goals.
Heimer Law is a family law firm specializing in Arkansas adoptions. We offer free consultation for people preparing for an adoption journey.
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