If birth father’s rights in adoption in California are a confusing and complicated issue, you should know you’re not alone.
When choosing between your unplanned pregnancy options, the rights of your child’s father may be a concern. You may have looked for answers to questions like, “Can a child be adopted if the father won’t consent?” Or, “What happens if the father doesn’t sign the birth certificate in California?”
Every adoption scenario is unique when it comes to the birth mother and birth father. That means there’s no one-size-fits-all way to deal with birth father’s rights in adoption in California. Adoption without the consent of the father is possible in some cases, but you should always speak to an adoption specialist before taking action.
Your adoption professional will help you create an adoption plan and understand adoption birth father rights in California. To speak with an adoption professional when you’re ready, just complete this online form. Below is a primer on birth father rights in California, but don’t take what you read here as legal advice.
Please speak to an adoption attorney or adoption professional for answers regarding birth father’s rights in adoption in California.
Defining the Different Types of Prospective Birth Fathers in California Adoption
Every birth father situation is unique. There isn’t just one right answer regarding birth father’s rights in adoption in California. For best results, talk to a professional about your relationship with the birth father of your child. Though each situation is different, there are three categories birth fathers usually fall into.
Supportive Birth Fathers
Supportive birth fathers may be married to the birth mother or unmarried yet still supportive of her choice to place their child for adoption. The common thread is that they fully support the birth mother’s decision and will work with her to ensure their child’s best interests are met.
A supportive birth father provides an excellent opportunity for cooperation in the adoption between the parents. When both parties partner out of love to give their baby a brighter future, it’s a win-win situation. In such cases, birth father rights in California won’t be an issue.
Birth fathers who support the decision have a chance to work alongside the birth mother when selecting the right family for their child. They can also collaborate on things like the post-adoption contact arrangement or the hospital birth plan.
Unsupportive Birth Fathers
Not every birth father is supportive of the birth mother and her choice to place their child for adoption. When that occurs, it can be difficult for both the birth mother and the unborn child. However, it doesn’t mean adoption is impossible.
Some birth fathers who disagree with the birth mother’s decision may attempt to sway the birth mother from her choice by pressuring her to seek an abortion or parent the baby, whether it’s right for her and the baby or not. An unsupportive birth father may even try to contest the mother’s adoption plan in court.
Again, if the father is unsupportive, there’s no guarantee you’ll be able to place your child for adoption without his consent. It may also still be possible, though. To learn more about your options, speak with an attorney or adoption specialist regarding your rights and birth father’s rights in adoption in California.
Unknown or Absent Birth Fathers
It’s okay if you don’t know who the father is or you know the father but aren’t sure how to find them. That situation is more common than you may think. It can happen through no fault of your own.
Birth fathers’ rights in adoption in California are protected by state law, but you may still be able to place a child for adoption without paternal consent sometimes. An adoption professional will guide you to your best path forward in such situations.
What’s a Putative Fathers Registry, and Does California Have One?
The word “putative” is often used when describing birth fathers. California laws protecting birth father rights in California define a putative father as a man who assumes or alleges to be the father of a child.
Putative fathers are generally not married to the birth mother when the child is born. Regarding putative fathers, you may be wondering, “Does the father have to sign the birth certificate in California for adoption to be finalized?” Or, “Can a mother refuse to put father on the birth certificate in California and still opt for adoption?”
A putative father can attempt to establish paternity by starting with a paternal claim for a child through the registry. Those claims aren’t always honored under the law, however. Several custodial, personal, or financial relationships with the child must be established by the putative father before the claim can be considered.
Putative birth fathers who wish to contest an adoption plan often begin by making a claim on the Putative Fathers Registry. However, it’s important for putative fathers to think about how that can impact the mother and baby. Deciding to place a child is difficult, but it can be the right solution for everyone involved in an unplanned pregnancy. A contested adoption can cause great distress and anxiety.
If you’re still seeking answers about the Putative Father’s Registry and birth father rights in California, please talk to an adoption attorney or an adoption professional before taking any action.
Can you place a child for adoption without the consent of the father in California?
Yes, adoption is possible without paternal consent sometimes, but every situation is different, and details matter. Adoption without the birth father’s consent is permissible in some cases, like when the father is unknown. We can’t stress enough that you should discuss your situation with a lawyer or adoption professional before making any choices.
California birth father’s rights in adoption in California include a requirement to gain paternal consent if these conditions apply:
- He and the child’s natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a judgment of separation is entered by a court.
- Before the child’s birth, he and the child’s natural mother have attempted to marry each other, although the attempted marriage is or could be declared invalid, and either of the following is true:
- If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce.
- If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
- After the child’s birth, he and the child’s natural mother have married or attempted to marry, each other, although the attempted marriage is or could be declared invalid, and either of the following is true:
- With his consent, he is named as the child’s father on the child’s birth certificate.
- He is obligated to support the child under a written voluntary promise or by court order.
- He receives the child into his home and openly holds out the child as his natural child.
Birth father rights in California must be considered during the adoption process, but they don’t always prevent a birth mother from pursuing her adoption plan. Again, birth father rights in California are complicated, so it’s wise to talk with an adoption professional or attorney to find a way forward while respecting birth father’s rights in adoption in California.
Find Additional Information on Birth Father Rights in California Today
Once again, we’d like to remind you that the information in this guide is not legal advice. Your situation is unlike any other, and the specifics are important. California birth father adoption laws can be applied differently from one scenario to another.
If you’re a birth mother seeking a way to move forward with your adoption plan, please contact an adoption attorney or adoption professional about birth father’s rights in adoption in California.
