Learning About Birth Father’s Rights in Adoption in Maryland

It’s not unusual for expectant birth mothers considering adoption to have questions about the birth father’s rights in adoption in Maryland. It can be a complex issue, and birth father rights in MD can profoundly impact your adoption plan

Do you know whether your child’s father supports your adoption? You may be wondering, “Can I place my child for adoption if the father doesn’t consent?” or, “What happens if the father doesn’t sign the birth certificate in Maryland?”

Each birth father relationship is unique, and birth father’s rights in adoption in Maryland can be tough to comprehend. Still, you should know that adoption may still be possible in cases when the father won’t or can’t offer consent. To learn more about the birth father’s rights in MD and their impact on your options, talk to an attorney or adoption specialist.

If you have questions about adoption birth father rights in Maryland and need to discuss your situation with a professional, please complete our online form. Below, we go over the basics of birth father rights in Maryland, but this information isn’t a substitute for professional legal advice. Always seek counsel from an adoption attorney or adoption professional when considering birth father’s rights in adoption in Maryland.

What are the Different Kinds of Prospective Birth Fathers in Adoption?

When it comes to birth father’s rights in adoption in Maryland, there’s no simple answer because each adoption scenario is unique. You can trust your attorney or adoption professional to help you find answers when researching the law and how it may impact your situation.

Birth fathers usually fall into one of the following categories: supportive birth fathers, unsupportive birth fathers, and absent or unknown birth fathers. Each can influence your adoption journey in different ways.

Supportive Birth Fathers

For birth mothers, the best possible situation is when the birth father agrees with you that adoption is best for everyone. A supportive birth father means you have a great chance for an efficient, streamlined experience. Some supportive fathers are married to the birth mother, while others may be unmarried but still supportive of the plan.

A supportive birth father is the best-case scenario for everyone. The birth father gets to be part of the process and partner with you on your child’s future. You can make a plan together to provide your child with the life they deserve. You can cooperate when choosing the perfect adoptive family, selecting a post-adoption contact arrangement, or making a hospital and birth plan.

When the birth father is supportive, birth father rights in Maryland aren’t an obstacle when pursuing adoption, and that’s a good thing.

Unsupportive Birth Fathers

Not every birth father chooses to support the birth mother’s decision, and that can create difficulty when seeking an adoption placement. Adoption can still be possible even when the birth father doesn’t support your plan, though, so an unsupportive birth father doesn’t always mean adoption isn’t an option.

Some unsupportive birth fathers attempt to influence a birth mother’s decision by pressuring her into an abortion or keeping the baby, even when that’s not what’s best for the mother and child. The birth father also has the right to contest the adoption plan in family court, which can be a hardship for everyone involved.

There’s little question that an unsupportive birth father makes pursuing adoption more difficult. However, it’s not impossible. His opposition doesn’t always prevent you from placing your child for adoption. Discuss your situation with an adoption attorney or adoption specialist to better understand your rights and birth father’s rights in adoption in Maryland.

Absent or Unknown Birth Fathers

There are cases in which you may not know who the father is by no fault of your own. Even if you know the father, you may not be able to find him to tell him about your pregnancy and the adoption plan.   

You are still required by Maryland state law to respect the birth father’s rights in adoption in Maryland as much as possible in such cases. You still may have a pathway to place your child for adoption though, even when the birth father isn’t available to give consent. Talk to an adoption professional or adoption attorney to see if you can move forward.  

What’s the Putative Fathers Registry, and Does Maryland Have One?

State law protects birth father rights in Maryland in several ways, but Maryland is one of 17 states that does not have a formal putative fathers registry. It does have a mechanism putative fathers can use to make a claim of paternity, though.

A putative father is a father or a man who claims to be the father of a child. In most cases, the term describes a birth father who isn’t married to the birth mother at the time of the child’s birth.

You may have asked, “Does the father have to sign the birth certificate in Maryland for adoption to be an option?” or, “Can a mother refuse to put the father on the birth certificate in Maryland and still place a child for adoption?” That depends on the unique details of your situation, so there’s no easy answer.

In Maryland, a putative father may make a paternity claim by filing an affidavit of parentage and asking for the court to rule on the matter. However, the court doesn’t always recognize the claims, so filing a claim alone doesn’t mean adoption isn’t possible.

To learn more about the putative father’s registry and birth father rights in Maryland, please speak with an adoption attorney or an adoption professional before moving forward.

Is it possible to put a child up for adoption without paternal consent in Maryland?

Birth father’s rights in adoption in Maryland require paternal consent prior to adoption finalization in most cases. There are situations in which you may be able to place a child for adoption without the father’s consent, but it’s important that you speak with a lawyer or adoption professional before moving forward.  

Understanding birth father rights in Maryland is a vital part of the adoption process. We want you to know that even if birth fathers are unsupportive or unknown, adoption can still be a viable option. Birth father rights in Maryland are complex, so always talk to an adoption professional or attorney about the birth father’s rights in adoption in Maryland.

Moving Forward with Your Adoption Plan and Respecting Birth Father Rights in Maryland

Please remember that this guide is not intended to be a substitute for professional sound legal advice. Always consult an attorney or adoption professional before taking steps forward in your adoption plan. Your situation is unique, and the laws regarding the birth father’s rights in adoption in Maryland will influence your adoption experience in unique ways.   

If you need more information about birth father rights in Maryland, please speak with an adoption attorney or adoption professional about birth father’s rights in adoption in Maryland prior to moving forward with your adoption plan.

About the Author

Lindsay Arielle has been a proud birth mother since placing her son for adoption in 2011. Her post-placement agreement has always been an open adoption. She loves the time she gets to spend with her son and his parents during visits. Lindsay truly believes that for herself and her family, adoption has been a blessing, and she enjoys writing about spiritual healing for birth mothers.

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