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Adopting out a newborn without Fathers Permission

Asked Apr 14, 2009, 10:24 PM — 10 Answers
Is there a state that allows adoption of a new born without the fathers permission? And what are the legal ramnifications when the father finds out his child was adopted and not stillborn?

10 Answers
artlady's Avatar
artlady Posts: 4,208, Reputation: 7451
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#2

Apr 15, 2009, 01:40 AM
No mama what you are suggesting is highly illegal!
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MAMATAFFY's Avatar
MAMATAFFY Posts: 3, Reputation: 1
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#3

Apr 15, 2009, 02:13 AM
Will someone out there direct me to a lawyer that will then help us find my grandaughter? She is but 3 days old, and the mom told us she was born stillborn! We have proof that she is alive! Is this a matter for the police?
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Synnen's Avatar
Synnen Posts: 7,882, Reputation: 12349
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#4

Apr 15, 2009, 05:59 AM


Your SON needs to file with the courts an intention of paternity (I hope that's the right wording).

Get a lawyer. Right now.

A child cannot be adopted without the permission of BOTH birthparents. However, there are circumstances (such as endangerment to the child) where the court severs the parental rights of one or both biological parents.

If she LIES on the adoption paperwork and states that she does not know the father, and he can PROVE that she not only knew WHO he was, but where he was, and that he was involved with the pregnancy---the adoption will be overturned. At this point, though, the birthmother will have signed away HER parental rights, so the birthfather would have sole parental rights.

You, as grandparents, have no RIGHTS to the child. Your son, however, does. I suggest getting him a lawyer, and immediately. Your local yellow pages should have a list of them under Attorneys - Family Law
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dee_cooper's Avatar
dee_cooper Posts: 17, Reputation: 10
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#5

Apr 18, 2009, 08:27 PM
Have you talked to the father about adoption? Have you explained to him that there's open adoption that he would be able to see the child and be in its life.. There are many familys willing to do that.. When me and my husband considered adopting a child we disscused that if the parents wanted open adoption its the best way so the child does know that he's adopted and where he comes from
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J_9's Avatar
J_9 Posts: 36,978, Reputation: 25625
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#6

Apr 18, 2009, 08:30 PM


Quote:
Originally Posted by MAMATAFFY View Post
Will someone out there direct me to a lawyer that will then help us find my grandaughter?
This is a worldwide website. Since we don't know where you are we cannot direct you to a proper attorney.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#7

Apr 18, 2009, 08:48 PM


In the US, you have to have the fathers permission, after that the adoption can be overturned if the father objects.

You need a family law attoreny, the father will have to be doing the court action.
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Synnen's Avatar
Synnen Posts: 7,882, Reputation: 12349
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#8

Apr 19, 2009, 08:21 AM
Quote:
Originally Posted by dee_cooper View Post
have you talked to the father about adoption? Have you explained to him that there's open adoption that he would be able to see the child and be in its life.. There are many familys willing to do that.. When me and my husband considered adopting a child we disscused that if the parents wanted open adoption its the best way so the child does know that he's adopted and where he comes from
And since this is the GRANDPARENT asking--would you be willing to have an open adoption with the grandparents too? Pictures, letters, phone calls, visits--ALL of that?

I find that too many adoptive parents have no idea what they're getting themselves in for with an open adoption, and want LESS contact, as time goes on, between THEIR family (including the adopted child) and the BIRTH families.

Either way, the issue here isn't that the birthfather isn't being talked to about open adoption. The issue is that the birthfather was told his child was STILL BORN so that the birthmother could choose adoption without HIS permission.
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dee_cooper's Avatar
dee_cooper Posts: 17, Reputation: 10
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#9

Apr 19, 2009, 09:55 AM
Quote:
Originally Posted by Synnen View Post
And since this is the GRANDPARENT asking--would you be willing to have an open adoption with the grandparents too? Pictures, letters, phone calls, visits--ALL of that?

I find that too many adoptive parents have no idea what they're getting themselves in for with an open adoption, and want LESS contact, as time goes on, between THEIR family (including the adopted child) and the BIRTH families.

Either way, the issue here isn't that the birthfather isn't being talked to about open adoption. The issue is that the birthfather was told his child was STILL BORN so that the birthmother could choose adoption without HIS permission.


The father will end up finding out in the long run so what's better for the child and the family I believe that he should have the desicon to make and that its wrong to tell him that he was told his child was told its dead coming from a women who has lost two of my children to death it is plain wrong it should be out in the open and if the child is in danger from the father then there is a way to keep him out of the picture by going to court... But in the end everything will be found out and the child in the end will be hurt
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MAMATAFFY's Avatar
MAMATAFFY Posts: 3, Reputation: 1
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#10

May 15, 2009, 03:14 PM
We are in SoCal and the BM was instructed by a CA adoption attny to go to Oregon due to their lack of Father's Rights. Up in Oregon, she was put in contact with an Adoption Agency, Adoption Options, Inc, registered in WA, but illegally working out of an Attorny's office in Wilsonville, OR and that Attny, who represented the couple who wanted to "Purchase" a baby. We have YET to get a judge in Washington County to order the DNA of the baby, in order to establish paternity. He has either cancelled due to "Dentist" appt, or the following date he called in sick! Something just isn't right! Our lawyer is saying that the Defendents have 30 days to answer ALL motions and EX PARTE's. Does anyone know of any FEDERAL law that will expedite this? We are out of money and even though we are asking for reasonable costs and attny fees, our lawyer wants more money to fight this. Any help is appreciated. Thank you
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