If an expectant mom in Arkansas is considering adoption, she’s bound to heart questions about the father of the child. “Who’s the father?” is just the beginning. There’s also, “Have you informed the father?” and “Has the father given up his parental rights?” But what if moms don’t know who the father is? Can they still choose adoption?
You need a lawyer
An unplanned pregnancy is usually a complicated situation, and it can be overwhelming under the best of circumstances. If the expectant mom doesn’t know who the father is, things can be more complicated.
First, if the mother is married, then her husband is the legal father of the child. This is true even if the mom is not sure of the identity of the biological father. In fact, it’s true even if she knows her husband is not the biological father. There are legal steps that can be taken to change this situation. Imagine a TV drama in which Sheila is married to Dave and has an affair with Kyle which results in a child. In our story, Dave was abroad for a year so it’s obvious that he is not the biological father. If the child is born in Arkansas, though, he’s still the legal father. When he comes home, he divorces Sheila and she marries Kyle. Kyle, Sheila, and Dave can take legal steps to acknowledge Kyle’s paternity rights and take these rights away from Dave — but it’s a drama, so Dave refuses. Kyle would have to terminate Dave’s rights and adopt his biological chid. They would certainly need a lawyer, and it might take several episodes to sort it all out.
If the mother is unmarried, she has a responsibility to try to identify the father and get his permission for the adoption. The father can add his name to the Putative Father registry, or the father and mother can sign an Acknowledgement of Paternity form. Neither of these actions gives the biological father custody, visitation rights, or any other parental rights. Without a court order saying otherwise, an unmarried mother in Arkansas has full custody of the child.
If the birth parents are in agreement about the outcome they want — such as finding their child a stable adoptive home — then their lawyer can help them get through the process as simply as possible. If they are not in agreement, they will definitely need a lawyer to help them sort it out. However, a putative father will not only have to prove a biological relationship with the child, but must also prove that he has an established relationship with the child before he could fight against an adoption.
If you don’t know who the father is
If the birth mom does not have any certainty about who the father is and no putative father is listed in the registry, her adoption lawyer can help her terminate the parental rights of the unknown father. This is a special legal process. The expectant mom should not worry about the process. She will not face any judgmental attitudes, though there may be uncomfortable questions in court. She may also have to publish a notice (in a newspaper, for example) to make sure that the birth father’s rights are respected. Her lawyer will support her in this.
She must file a petition to have the unknown father’s parental rights terminated, check the Putative Father registry to make sure there are no claimants, and provide any requested information. However, an uninvolved father who is not married to the mother would not generally have any standing to object to an adoption. She’ll need a lawyer, but this is a fairly common process and there are clear laws establishing how it’s done.
The idea that a guy she met on spring break suddenly pops up after the adoption has been arranged and says it can’t go forward — well, now we’re back to TV drama land.
The bottom line
Uncertainty about the identity of the father may add some steps to the adoption journey — or maybe not. Either way, your adoption lawyer will help sort things out. This is not an obstacle to a happy, successful adoption. It’s just one of many factors that will make your adoption journey unique…as all adoption journeys are.
Heimer Law specializes in adoption. Our extensive training and experience means that we can help with any of the questions you may have. Call (479) 225.9725 or use the simple form below to start the conversation.
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