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Father's rights to unborn baby? Unfit father, adoption?
My cousin wants to put her baby up for adoption (not born yet). She has many reasons to want this baby adopted out so please don't make this the issue. The baby's father doesn't want the baby either but he is saying he will only sign away his rights if his mother is given the baby. The baby's father is not stable (he's been in prison, jail, he's had a crappy childhood, no job, no responsibility, no home, no money, no car, nothing). He does drugs and just doesn't understand what it takes to raise a child. His mother is no better (alcoholic, wasn't a good mother to him hence the reason he's so messed up, drugs, no job, living with her boyfriend, etc). Anyway, is there anything my cousin can do to have his rights to this child terminated so she can put it up for adoption? She is going to talk to a lawyer this week about it but I was wondering if you guys have any advice. Please don't make this about how she should raise it or whatever. Like I said, she has many reasons so the real question is how can she provide a better home for the child than just giving him the baby. BTW, another family member will be adopting the baby so it will still be with her family.
5 Answers
- Kathi SLv 61 decade agoFavorite Answer
They will have to go to court and sort this out. He can block the adoption if he is proven to be the father, but he can also sign way his parental rights to get out of child support if someone else is willing to adopt the baby. So that may be the way to go.
- DifdiLv 61 decade ago
Parents, even when unmarried, do have certain legal rights when it comes to a child.
If she manages to put the kid up for adoption, without notifying the father, she may be guilty of kidnapping (20 years to life in federal prison) though this would be a bit of a stretch if she followed proper legal channels (illicit adoption on the other hand, using an illegal adoption agency, without the father's knowledge or consent, will land her in federal prison, however).
Following proper channels, the father must be notified of the impending adoption, and will have a chance to contest it. If he wins, he may wind up with custody (after birth) or the adoption process may simply fail.
- hotwheels122287Lv 71 decade ago
first thing she needs to do is not put him on the birth certificate. that way he cant really claim any legal parental rights to the child until the court determines through DNA that he is the father. it is good that she is going to a lawyer now because she can get things rolling sooner. but ultimately the ball is in her court fully right now because as of right now he has no rights to the child.
- im hereLv 51 decade ago
It's good she is seeing a lawyer. Personally, I think she is being a good mother for realizing she's not capable for caring for a baby at this time.
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- Ralph 124c41Lv 61 decade ago
She must see an attorney. Custodial issues are very complex and very important. If the father is to be denied all custodial rights, it must be done correctly.
