Women with unplanned pregnancies have adoption as an option, and they often have a lot of questions as they make up their minds. One we sometimes hear: “Can I put my baby up for adoption without telling the birth father?” This is not the same as asking whether the father must consent. It’s a different question. Does the baby’s father have to know about the adoption?
First things first
If you have an unplanned pregnancy and you are a married woman, then your husband is the legal father of the child, whether he is the biological father or not. This is Arkansas state law. He would have to give his consent for the adoption of the child.
If you are not married, you may have a putative father. In Arkansas, a man who believe that he is the father of a child can register as the putative father. He can object to an adoption. If he can prove that he is the biological father of the child, he can refuse to consent to an adoption and he can sue for custody of the child.
In both these cases, not letting the father know that you are placing the baby for adoption is not a practical option.
If there is no relationship
An unmarried mother in Arkansas automatically has custody of her child and she does not have a legal obligation to tell the father about the existence of the child, let alone discuss adoption with him. If he has no relationship with the child, then he will not have parental rights. If he has contact with the child, pays child support, provides for the child financially, or in any other way develops a relationship with the child, the situation may change.
In fact, if he supports the mother during the pregnancy, this could affect her decision about whether or not to involve him.
Every case is different
Have you ever seen a movie in which a man suddenly realizes that he is the father of his former girlfriend’s child? It’s a common enough scene in romantic comedies and TV dramas. One reason this scene is so popular is that it’s highly dramatic and allows for all kinds of emotional dialogue. Another reason is that there are so many circumstances that can lead to that kind of discovery in real life. It’s plausible.
Before you make your decision, you should consider whether a scene like that is likely to play out in your own life. If you can realistically foresee any future dramas, it’s best to deal with them in the course of the adoption.
However, the process of adoption can legally terminate the father’s parental rights based on the lack of a relationship. Legally, the situation will very likely be the same as if the father abandoned the child. So does the baby’s father have to know about the adoption?
Each case is different. Fortunately, at Heimer Law we have extensive experience with adoptions. We specialize in adoptions and have the expertise to advise you. There is no cost or obligation when you contact us, and we will be happy to discuss all your options with you. Call us at 479-799-3603 to begin the conversation.