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Stacy48060
Sep 26, 2008, 02:31 PM
My fiancée is now 23 years old. When he was 15 years old his girlfriend at the time gave birth to his son. He told her he wanted to be in the baby's life but not hers. She threatened that if he didn't stay with her she would never see his son. My fiancee's legal guardian at the time was his grandma who begged the girl's family to not put Chris's name on the birth certificate thinking of his future and well being I suppose. Well they did not put him on there. Last he heard she had moved to Florida and such. Recently we found out that her Aunt adopted little Krystofer and has had him since he was 3 months old. Chris and I finally located the birth mother and asked her to contact the Aunt so he could meet his son. He was a minor at the time of his birth and the adoption and he knew nothing about it. Now that he is 23 , has a steady job and a steady relationship, he really wants to try to be in his son's life. But the Aunt and the mom say NO. Chris was a minor at the time of the child's birth and adoption. Now that he is over 18 does he not have the right to see his son? He was never issued court papers and never signed off on him. This is very serious for us and heart breaking.

Many fathers and mothers neglect their children or just run off. Here is a man who had a baby at 15 and the mother has him adopted to a family member of hers all before he is even old enough to make his own decision. What kind of rights does he have as the biological father? I was hoping she would be happy Chris wants to be a part of his life but I think she is scared really. But we now are going to have to go through legal proceedings I suppose. Please give me any kind of advice you can.

JudyKayTee
Sep 26, 2008, 02:36 PM
My fiancee is now 23 years old. When he was 15 years old his girlfriend at the time gave birth to his son. He told her he wanted to be in the baby's life but not hers. She threatened that if he didn't stay with her she would never see his son. My fiancee's legal guardian at the time was his grandma who begged the girl's family to not put Chris's name on the birth certificate thinking of his future and well being i suppose. Well they did not put him on there. Last he heard she had moved to Florida and such. Recently we found out that her Aunt adopted little Krystofer and has had him since he was 3 months old. Chris and i finally located the birth mother and asked her to contact the Aunt so he could meet his son. He was a minor at the time of his birth and the adoption and he knew nothing about it. Now that he is 23 , has a steady job and a steady relationship, he really wants to try to be in his son's life. But the Aunt and the mom say NO. Chris was a minor at the time of the child's birth and adoption. Now that he is over 18 does he not have the right to see his son? He was never issued court papers and never signed off on him. This is very serious for us and heart breaking.

Many fathers and mothers neglect their children or just run off. Here is a man who had a baby at 15 and the mother has him adopted to a family member of hers all before he is even old enough to make his own decision. What kind of rights does he have as the biological father? I was hoping she would be happy Chris wants to be a part of his life but i think she is scared really. But we now are going to have to go through legal proceedings i suppose. Please give me any kind of advice you can.



He can't do this without an Attorney but he (and I mean his Attorney) would have to try to overturn the adoption for fraud or other reason (on the part of the mother) OR go to Court and request visitation. Did he ever pay support for the child? What has gone on between age 15 (when the child was born) and age 23 (now). Has he made attempts to see the child?

I am torn on this subject - the adoptive parents may have no idea that there is a problem, what the true story is, and they love this child and don't want to lose him/her - but the father does have rights. Are you positive that the child was adopted and the mother didn't simply give custody to someone?

The Attorney would have to search the Court records.

He wouldn't "sign off" for the child. He would have been asked to relinquish his rights.

It is also possible he was served by publication - if no one could find him (which I rather doubt).

liz28
Sep 26, 2008, 04:55 PM
Stacey, I guess she allowed the aunt to adopted their child because of her age at the time. I don't understand how he was put on the birth certificate without him signing it himself because when gave birth they wouldn't allow my daughter dad to sign it because he didn't have I.D. on him. He had to go back home and get it and the nurse explained to us they require all dad's that sign the because to have state ID to make sure they're who they say they're to reduce fraud.

I guess it works out in his advantage since his name is on it. Luckily the aunt adopted the child then a stranger so he don't have to go looking for the adopted parents. Make him contact a lawyer asap and I hope everything work out. Good Luck! By the way, what state are you in?

JudyKayTee
Sep 26, 2008, 05:21 PM
Stacey, I guess she allowed the aunt to adopted their child because of her age at the time. I don't understand how he was put on the birth certificate without him signing it himself because when gave birth they wouldn't allow my daughter dad to sign it because he didn't have I.D. on him. He had to go back home and get it and the nurse explained to us they require all dad's that sign the bc to have state ID to make sure they're who they say they're to reduce fraud.

I guess it works out in his advantage since his name is on it. Luckily the aunt adopted the child then a stranger so he don't have to go looking for the adopted parents. Make him contact a lawyer asap and I hope everything work out. Good Luck! By the way, what state are you in?



The OP's fiancé is not on the birth certificate: "My fiancee's legal guardian at the time was his grandma who begged the girl's family to not put Chris's name on the birth certificate thinking of his future and well being I suppose. Well they did not put him on there."

Stacy48060
Sep 26, 2008, 06:24 PM
Stacey, I guess she allowed the aunt to adopted their child because of her age at the time. I don't understand how he was put on the birth certificate without him signing it himself because when gave birth they wouldn't allow my daughter dad to sign it because he didn't have I.D. on him. He had to go back home and get it and the nurse explained to us they require all dad's that sign the bc to have state ID to make sure they're who they say they're to reduce fraud.

I guess it works out in his advantage since his name is on it. Luckily the aunt adopted the child then a stranger so he don't have to go looking for the adopted parents. Make him contact a lawyer asap and I hope everything work out. Good Luck! By the way, what state are you in?

I am sorry if I stated he was on the b.c. His grandmother asked her parents to not put Chris's name on it because she was worried about his future and such. I am sure she meant well she still bay's him to this day. We don't even want her knowing about our present intentions. But you're right, we are glad that her Aunt adopted him and we were hoping she wouldn't have a problem with Chris meeting his son. His son knows they are not his parents and his mother comes up to see him a couple times a year. She lives in Florida and has 4 more children! We live in Michigan at the moment and his son lives in Indiana :(

To the person who asked what has he been doing for the past 7 years, he has been finishing high school,went to college,has had 2 long relationships end horribly, he met me, moved to Michigan has a good job. We are getting married next year and we plan on moving to Indiana eventually. For the first time in his life he is in a wonderful relationship,has a good job and his life all together. He was told from mutual friends of his and his son's mother that she moved away to Florida. Not until recently did we find out that the Aunt adopted him. This is very very hard on us right now. We had respect for the Aunt for taking him in and giving him a lovable home. We had no intention of taking him away from the people who raised him his whole life. Chris and I want to be allowed visitation. But the Aunt says no. If we are going to have to spend tons of money,time and stress all because she won't allow him to meet him, than we are going for custody.

liz28
Sep 26, 2008, 06:39 PM
No Stacy it was my error about the because. It's great that he wants to be in his son life and I wish he could. Some people would have kept going and not look back so it great that he look back. Also, it is good that you are supporting him in this decision because he is going need it.

Hopefully, he is granted visitation but know it will be hard on the child too and some getting use too because the child don't know him. I wish the aunt wasn't so stubborn but at least your know what you got to do.

Contact a lawyer asap so your can at least get the ball rolling and at least your will do what to do. I do wish you're the best of luck.

JudyKayTee
Sep 26, 2008, 06:50 PM
I am sorry if i stated he was on the b.c. His grandmother asked her parents to not put Chris's name on it because she was worried about his future and such. I am sure she meant well she still bay's him to this day. We don't even want her knowing about our present intentions. But you're right, we are glad that her Aunt adopted him and we were hoping she wouldn't have a problem with Chris meeting his son. His son knows they are not his parents and his mother comes up to see him a couple times a year. She lives in Florida and has 4 more children! We live in Michigan at the moment and his son lives in Indiana :(

To the person who asked what has he been doing for the past 7 years, he has been finishing high school,went to college,has had 2 long relationships end horribly, he met me, moved to Michigan has a good job. We are getting married next year and we plan on moving to Indiana eventually. For the first time in his life he is in a wonderful relationship,has a good job and his life all together. He was told from mutual friends of his and his son's mother that she moved away to Florida. Not until recently did we find out that the Aunt adopted him. This is very very hard on us right now. We had respect for the Aunt for taking him in and giving him a lovable home. We had no intention of taking him away from the people who raised him his whole life. Chris and i want to be allowed visitation. But the Aunt says no. If we are going to have to spend tons of money,time and stress all because she won't allow him to meet him, than we are going for custody.


Has he attempted to contact the child over the 7 years or paid support? Those are questions he will be asked in any type of Court proceeding.

As I said - you will have to determine if, in fact, there was an adoption and what the mother said about paternity, if she claimed she didn't know, if there was an attempt to serve him. He will also need DNA testing if the Court will open the adoption.

I do not see him getting full custody of this child - visitatation probably, joint custody possibly but I do not see sole custody, not if he is in a stable home and happy. I can't picture the Court taking him from his "home" and placing him with a father who is, in fact, a stranger to him.

You will not be allowed visitation as such - you have no legal standing here.

Stacy48060
Sep 26, 2008, 07:01 PM
Has he attempted to contact the child over the 7 years or paid support? Those are questions he will be asked in any type of Court proceeding.

As I said - you will have to determine if, in fact, there was an adoption and what the mother said about paternity, if she claimed she didn't know, if there was an attempt to serve him. He will also need DNA testing if the Court will open the adoption.

I do not see him getting full custody of this child - visitatation probably, joint custody possibly but I do not see sole custody, not if he is in a stable home and happy. I can't picture the Court taking him from his "home" and placing him with a father who is, in fact, a stranger to him.

You will not be allowed visitation as such - you have no legal standing here.

All he knew was she lived in Fla and wanted nothing to do with him. He knew from his grandma that he wasn't even on the birth certificate. No he hasn't paid for support because he isn't on the b.c and his Aunt never filed for it. He knows once this gets rolling, that the courts may want him to pay support. He has no problem with that. Shouldn't his mother have to pay too? His son was adopted at 3 months old (what she tells me anyways). Yes his father is a stranger to him. That's why we asked to meet Krystofer. To get a relationship started. So you are saying that you don't think the courts will allow Chris to see his son? Even after he proves paternity?

seahippie
Sep 26, 2008, 07:24 PM
In the long run its all about the young boy... he would surely love to meet his dad... maybe not yet but soon when he's a little older. It would be very sad if the Aunt would deny her nephew the right to see his dad.
I hope it all works out for you!

liz28
Sep 26, 2008, 07:33 PM
Since the child resides in Indiana, he will have to go courts there. When the mom allow the aunt to adopt
Krystofer, she terminated her rights to him and wasn't responsible for child support.

Hopefully, the judge grant him visitation and don't be surprise if it's supervise at first.

zawatska
Sep 29, 2008, 04:19 PM
I think Judy meant that You as in Chris's fiancé has no legal rights. I may be wrong, but that's what it sounds like to me. Its your business because you will soon be a step mother, but in the courts eyes its really none of your business. Its chris, krystopher and the mother.

Stacy48060
Sep 29, 2008, 04:22 PM
I think Judy meant that You as in Chris's fiance has no legal rights. I may be wrong, but that's what it sounds like to me. Its your business because you will soon be a step mother, but in the courts eyes its really none of your business. Its chris, krystopher and the mother.

OH I know that. But it's none of the mother's business either as she put the baby up for adoption and terminated her parental rights.

zawatska
Sep 29, 2008, 04:29 PM
I'm not sure how the court will look at her, but you don't know if the mother really terminated her rights, or if she just gave the child to the Aunt until she got older or smarter or whatever.

Synnen
Sep 30, 2008, 06:01 AM
You need to know what was said about paternity at the time of adoption, and you need to know whether there was an attempt to contact him to relinquish his parental rights.

If she LIED, he has a legal leg to stand on--but it's going to be a very off-balance legal leg, because it's been EIGHT YEARS since he last attempted contact with the child.

Sorry--you don't get to take the time to grow up and get in a good place and be happy and finish college and THEN try to talk to your child. If you don't put the child first from the get-go, you lose a LOT of your standing.

Maybe start smaller---try for pictures and letters from the adoptive family every six months for several years before demanding a visitation. Really, the other side of that is that someone should have demanded that he step up to the plate and take responsibility for his child 8 years ago.

I have a feeling that the birthmom did everything the way she was supposed to in this, and that he was publicly served with a newspaper ad. The fact that he's waited until NOW to try to establish any sort of relationship with his child frankly looks terrible to me.

I placed my daughter for adoption 17 years ago. It's an open adoption, and I get letters and pictures and such. By mutual agreement, there is no visitation involved. The birthfather basically walked out of ALL of our lives after she was born, and never really looked back. He contacted ME when she was 10, wanting to see pictures and asking for the adoptive parents' address and such. I was appalled that he had waited 7 years to even bother trying to find out about his child, and refused to give him any information. So... from the point of view of the birthmom and the adoptive mom--he's being a jerk for waiting 8 years and then demanding everything.

reenee95
Sep 30, 2008, 02:44 PM
My fiancee is now 23 years old. When he was 15 years old his girlfriend at the time gave birth to his son. He told her he wanted to be in the baby's life but not hers. She threatened that if he didn't stay with her she would never see his son. My fiancee's legal guardian at the time was his grandma who begged the girl's family to not put Chris's name on the birth certificate thinking of his future and well being i suppose. Well they did not put him on there. Last he heard she had moved to Florida and such. Recently we found out that her Aunt adopted little Krystofer and has had him since he was 3 months old. Chris and i finally located the birth mother and asked her to contact the Aunt so he could meet his son. He was a minor at the time of his birth and the adoption and he knew nothing about it. Now that he is 23 , has a steady job and a steady relationship, he really wants to try to be in his son's life. But the Aunt and the mom say NO. Chris was a minor at the time of the child's birth and adoption. Now that he is over 18 does he not have the right to see his son? He was never issued court papers and never signed off on him. This is very serious for us and heart breaking.

Many fathers and mothers neglect their children or just run off. Here is a man who had a baby at 15 and the mother has him adopted to a family member of hers all before he is even old enough to make his own decision. What kind of rights does he have as the biological father? I was hoping she would be happy Chris wants to be a part of his life but i think she is scared really. But we now are going to have to go through legal proceedings i suppose. Please give me any kind of advice you can.





I think you guys should get a dna test !

ScottGem
Sep 30, 2008, 03:18 PM
Bottomline here is he needs to consult an attorney.

The attorney willgo through the following steps:

1) determine whether the aunt adopted the child or just was given guardianship
2) if it was an adoption, what was done to contact your fiancée to relinquish his rights

Once those things are determined, the attorney will file to establish paternity if that's appropriate. Once paternity has been established, he will then proceed to allow your fiancée to establish a relationship with his son.

I agree that he should not aim high here. I would go only for contact and occasional visitation. Anything else is likely to be denied because of the amount of time that has gone by.

Stacy48060
Sep 30, 2008, 04:04 PM
I think this is the best answer so far. It was strictly unbiased.

GV70
Oct 4, 2008, 10:33 PM
My observations:
The American Adoption Law moved out of its past requirements;after Baby Richard and Baby Jessica cases/
Now in a lot of states the putative father DOES NOT have rights in any adoption proceeding if he is not registered in s.c. Putative Father Registries.Another conception is 'Doctrine of waiver"-if the biofather does not play accordingly/for example he has waited eight years after child's birth knowing he was the father/ he will not be able to overturn that adoption.

GV70
Oct 4, 2008, 10:49 PM
FLORIDA STATUTES
63.062 Persons required to consent to adoption.--

(1) Unless consent is excused by the court, a petition to adopt a minor may be granted only if written consent has been executed after the birth of the minor by:

(a) The mother of the minor.

(b) The father of the minor, if:

1. The minor was conceived or born while the father was married to the mother.

2. The minor is his child by adoption.

3. The minor has been established by court proceeding to be his child.

4. He has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor and has filed such acknowledgment with the Office of Vital Statistics of the Department of Health.

5. He has provided the child with support in a repetitive, customary manner.

GV70
Oct 4, 2008, 10:53 PM
According to Fl adoption law,if the father was not married to the mother,he is not established as a father by Court,he has never acknowledged his paternity and he has not provided child support voluntary-the father IS NOT entitled to be notified for adoption proceeding.

63.072 Persons whose consent to an adoption may be waived.--The court may excuse the consent of the following individuals to an adoption:

(1) A parent who has deserted a child without affording means of identification or who has abandoned a child;

Stacy48060
Oct 5, 2008, 06:18 AM
According to Fl adoption law,if the father was not married to the mother,he is not established as a father by Court,he has never acknowledged his paternity and he has not provided child support voluntary-the father IS NOT entitled to be notified for adoption proceeding.

63.072 Persons whose consent to an adoption may be waived.--The court may excuse the consent of the following individuals to an adoption:

(1) A parent who has deserted a child without affording means of identification or who has abandoned a child;

Can you find the laws from Indiana?

JudyKayTee
Oct 5, 2008, 06:24 AM
Can you find the laws from Indiana?


Now I'm confused - wasn't the child "adopted" in Florida?

Stacy48060
Oct 5, 2008, 06:30 AM
Now I'm confused - wasn't the child "adopted" in Florida?
I am sorry I didn't make it more clear. The boy was adopted in Indiana by her Aunt. That is where the adoption took place and currently resides. It is the mother that moved away to Florida. I apologize for any confusion.

JudyKayTee
Oct 5, 2008, 06:31 AM
I am sorry i didn't make it more clear. The boy was adopted in Indiana by her Aunt. That is where the adoption took place and currently resides. It is the mother that moved away to Florida. I apologize for any confusion.


No, no problem - I'm sure GV70 will come back with more information and some citations (he really knows his stuff!).

Stacy48060
Oct 5, 2008, 06:46 AM
No, no problem - I'm sure GV70 will come back with more information and some citations (he really knows his stuff!).
I am looking forward to it.

Revival
Oct 5, 2008, 08:27 AM
Indiana Adoption Laws - (http://laws.adoption.com/statutes/indiana-adoption-laws.html)

This website should be able to help you out some I'm sure.

JudyKayTee
Oct 5, 2008, 08:32 AM
Indiana Adoption Laws - (http://laws.adoption.com/statutes/indiana-adoption-laws.html)

this website should be able to help you out some i'm sure.


This site unfortunately does not address attempting to reverse an adoption (which may or may not have been legal).

Revival
Oct 5, 2008, 08:40 AM
Several things:
A) He was not on the birth certificate, thereby ruling out his decision rights as a father.
B) He has not tried to contact his son until now.
C) He has not paid any form of support.

With all those in mind he's got a very up hill battle to try to go for custody. Best bet first of all would try to work out some sort of deal with the aunt, and the birth mother. Set up some form of mutual meeting, of sorts where everyone can kind of lay things on the line. And if they refuse that then seek legal action.

A question that came up in my mind though is, with his grandmother being his legal guardian at the time, and him himself not being able to sign a legal document towards adoption without a guardian present, did his grandmother give the go ahead to put the child up for adoption? And are you sure she had moved to flordia at the time of adoption? And with that however, if she did live in Florida, that means that's where the child was adopted from and legally resided, so wouldn't that also mean that the adoption would have taken place in Florida, not in Indiana? It's not where the adoptive parents live that's the hot button issue, its where the child resided that has to be taken into consideration.

GV70
Oct 5, 2008, 10:59 AM
IC 31-19-10-1
Persons permitted to contest adoption; time for filing motion to
Contest
Sec. 1. (a) Except as provided in subsection (c), only a person
Entitled to notice of adoption under IC 31-19-4 or IC 31-19-4.5 may
Contest an adoption.
(b) A person contesting an adoption must file a motion to contest
The adoption with the court not later than thirty (30) days after
Service of notice of the pending adoption.

IC 31-19-10-1.4
Basis for resolving contested adoption
Sec. 1.4. A court, in making a determination under section 1.2(e)
Of this chapter, shall consider all relevant evidence, but may not base
Its determination solely on a finding that a:
(1) petitioner for adoption would be a better parent for a child
Than the parent who filed the motion to contest the adoption; or
(2) parent has a biological link to the child sought to be
Adopted.

IC 31-19-4
Chapter 4. Notice of Adoption After Birth of Child
IC 31-19-4-1
Notice to registered putative father
IC 31-19-4-2
Notice to putative father registered with putative father registry; name or address not provided by mother
IC 31-19-4-3
Notice to putative father not registered with putative father registry; name or address undisclosed by mother; child conceived outside Indiana
Sec. 3. (a) If:
(1) the mother of a child:
(A) informs an attorney or agency arranging the child's adoption, on or before the date the child's mother executes a consent to the child's adoption, that the child was conceived outside Indiana; and


(B) does not disclose to the attorney or agency the name or address, or both, of the putative father of the child; and
(2) the putative father of the child has:
(A) failed or refused to consent to the adoption of the child or has not had the parent-child relationship terminated under IC 31-35 (or IC 31-6-5 before its repeal); and
(B) not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
The attorney or agency shall serve notice of the adoption proceedings on the putative father by publication in the same manner as a summons is served by publication under Rule 4.13 of the Indiana Rules of Trial Procedure.
(b) The only circumstance under which notice to the putative father must be given by publication under Rule 4.13 of the Indiana Rules of Trial Procedure is when the child was conceived outside of Indiana as described in subsection (a).
As added by P.L.1-1997, SEC.11. Amended by P.L.146-2007, SEC.5.

GV70
Oct 5, 2008, 11:01 AM
IC 31-19-4-6
Putative father not entitled to notice of adoption
Sec. 6. Except as provided in section 3 of this chapter, if:
(1) on or before the date the mother of a child executes a consent to the child's adoption, the mother does not disclose to the attorney or agency arranging the adoption the identity or address, or both, of the putative father; and
(2) the putative father has not registered with the putative father registry under IC 31-19-5 within the period under IC 31-19-5-12;
The putative father is not entitled to notice of the adoption.
As added by P.L.1-1997, SEC.11.

GV70
Oct 5, 2008, 11:04 AM
IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
Whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.

Stacy48060
Oct 5, 2008, 11:08 AM
IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.

So this applies even though he was under the age of 18? He was told by his legal guardian at the time to stay away from the mother and her family. But OK. He was just a 15 year old child.

GV70
Oct 5, 2008, 11:11 AM
In my view your fiancé does not have rights in this case.The LAW considers adoption as a final and irrevocable act.

Stacy48060
Oct 5, 2008, 11:16 AM
In my view your fiance does not have rights in this case.The LAW considers adoption as a final and irrevocable act.
Thank you for your time.

GV70
Oct 5, 2008, 11:17 AM
Thank you for your time.

My pleasure:)

GV70
Oct 5, 2008, 11:19 AM
It might be different if he played when he was 18.It was possible some kind of visitation... but eight years later I cannot see ways for it.

ScottGem
Oct 5, 2008, 11:29 AM
While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.

JudyKayTee
Oct 5, 2008, 11:33 AM
IC 31-19-5-4
Notice rights of registered persons
Sec. 4. A putative father of a child who registers in accordance with this chapter (or IC 31-3-1.5 before its repeal) is entitled to notice of the child's adoption under Rule 4.1 of the Indiana Rules of Trial Procedure


IC 31-19-5-12
Time of registration
Sec. 12. (a) To be entitled to notice of an adoption under IC 31-19-3 or IC 31-19-4, a putative father must register with the state department of health under section 5 of this chapter not later than:
(1) thirty (30) days after the child's birth; or
(2) the earlier of the date of the filing of a petition for the:
(A) child's adoption; or
(B) termination of the parent-child relationship between the child and the child's mother;
whichever occurs later.
(b) A putative father may register under subsection (a) before the child's birth.



I'd give you a "greenie" but I'm all out - definitive answer. Thanks -

GV70
Oct 5, 2008, 11:36 AM
While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.

IC 31-19-15-1
Effect upon duties, obligations, and rights of biological parents
Sec. 1. (a) Except as provided in section 2 of this chapter or IC 31-19-16, if the biological parents of an adopted person are alive, the biological parents are:
(1) relieved of all legal duties and obligations to the adopted child; and
(2) divested of all rights with respect to the child;
After the adoption.
(b) The obligation to support the adopted person continues until the entry of the adoption decree. The entry of the adoption decree does not extinguish the obligation to pay past due child support owed for the adopted person before the entry of the adoption decree.
As added by P.L.1-1997, SEC.11. Amended by P.L.130-2005, SEC.8.

Stacy48060
Oct 5, 2008, 11:40 AM
While the code that GV70 has cited does seem to preclude his getting any rights, I'm not so sure I would give up. Family Court judges are given a certain amount of leeway with the best interests of the child overrding the letter of the law.

There is no way he is going to get any form of custody. But I still think there is a chance that he can get permission to be some part of the child's life.
That's what we truly hope for. So you think there might be a chance the court would grant us visitation? I know the courts might want child support as well but that's a small price to pay to look in your child's eyes.

GV70
Oct 5, 2008, 12:12 PM
IC 31-19-16
Chapter 16. Postadoption Visitation Privileges
IC 31-19-16-1
Postadoption contact privileges granted to birth parent
Sec. 1. At the time an adoption decree is entered, the court
Entering the adoption decree may grant postadoption contact
Privileges under section 2 of this chapter to a birth parent who has:
(1) consented to the adoption; or
(2) voluntarily terminated the parent-child relationship.
As added by P.L.1-1997, SEC.11. As amended by P.L.196-1997
IC 31-19-16-2
Procedure
Sec. 2. A court may grant postadoption contact privileges if:
(1) the court determines that the best interests of the child
Would be served by granting postadoption contact privileges;
(2) the child is at least two (2) years of age and the court finds
That there is a significant emotional attachment between the
child and the birth parent;
(3) each adoptive parent consents to the granting of
Postadoption contact privileges;
(4) the adoptive parents and the birth parents:
(A) execute a postadoption contact agreement; and
(B) file the agreement with the court;

IC 31-19-16-8
Revocation of adoption decree barred as sanction for
Noncompliance with agreement

IC 31-19-16-9
Privileges without court approval
Sec. 9. Postadoption contact privileges are permissible without
Court approval in an adoption of a child who is less than two (2)
Years of age upon the agreement of the adoptive parents and a birth
Parent. However, postadoption contact privileges under this section
May not include visitation. A postadoption contact agreement under
This section:
(1) is not enforceable; and
(2) does not affect the finality of the adoption.
As added by P.L.196-1997, SEC.10. Amended by P.L.2-1998,
SEC.76.

GV70
Oct 5, 2008, 12:18 PM
According to In Law your fiancé may get visitation if:
1.it is in child's best interest
2.there is a significant emotional attachment between the
Child and him
3the adoptive parent consents to visitation
And finally... Postadoption contact privileges are not enforceable.