In talking about adoption, we often focus on the birth mom. Her rights, her choices, and her wellbeing are likely to be top of mind. But any child needing an adoptive home also has a birth dad. What’s the birth dad’s part in the adoption process?
Establishing paternity
Unlike the birth mom, the birth dad has to prove that he has parental rights before he has any part in the adoption process. If the birth mom is married, her husband is automatically the legal father in Arkansas, regardless of the identity of the biological father.
If the birth mom is single and she knows who the birth dad is, she can name the father. If she chooses not to and there is a man who believes himself to be the birth dad, he can register as the putative father. Arkansas provides a registry for men in this position. If he can prove that he is the biological father of the child, then he must be notified of the adoption petition.
If the birth mom and the putative father disagree on whether he is in fact the father, DNA evidence can answer the question.
Notification
When a mother or expectant mother decides to make the brave and loving choice of adoption for her child, she must notify the father and give him the opportunity to consent or object. If she is not in contact with him, she must make a good faith effort to find him. If it not possible to track him down, she can make the notification publicly in a newspaper.
Consent
If paternity is established, the father can consent to the adoption. Just like the birth mom, the birth dad has 10 days after signing the papers to revoke his consent. If he consents, the adoption can go forward and the birth dad can’t change his mind or reopen the question once the adoption is finalized.
If he does not consent to the adoption, the father can go to court to gain custody. He must be prepared to show that he has been involved in the child’s life, has provided support, and generally is prepared to parent the child. He cannot require the birth mom to take on parental responsibilities, and he cannot choose one adoptive family over another.
However, the decision is always up to the court. If the judge believes that it is in the best interests of the child to continue the adoption, the birth dad’s parental rights can be terminated by the court and the adoption can continue.
Open adoption plans
If the birth dad has established paternity, consented to adoption, and supports the adoption, he can also be involved in the open adoption plan. However, the birth mom continues to be in charge of the plan. She cannot, for example, be forced to maintain contact with the father or to share visitations with him.
The adoptive parents can send the same photos and updates about the child to both of the biological parents separately and can arrange separate FaceTime or in-person visits. Any such arrangements should be clearly laid out in the official open adoption plan.
The birth dad’s part in the process of adoption can be a touchy subject and an emotional one. Having the support of an experienced, compassionate adoption lawyer is essential in working out the details.
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