Birth Father’s Rights in Adoption in North Carolina

The birth father’s rights in adoption in North Carolina can be a complex topic because each situation is unique. It’s wise to consider them, however, because birth father rights in NC can profoundly impact your adoption experience.  

You should know that even if your child’s father isn’t cooperative, adoption is still possible in some cases. Have you wondered, “Do I need paternal consent for adoption?” or “What happens if the father doesn’t sign the birth certificate in North Carolina?”

Each birth father situation is different, and that’s one reason birth father’s rights in adoption in North Carolina can be complicated. Talking to an adoption professional about adoption birth father rights in North Carolina can be helpful, and you can connect with one by completing our online form.

Below in this guide, we cover the basics of birth father rights in North Carolina. However, this information doesn’t substitute for professional legal advice. Please consult with an adoption professional or attorney when researching birth father’s rights in adoption in North Carolina.

What Are the Different Types of Prospective Birth Fathers in Adoptions?

Each scenario related to the birth father’s rights in adoption in North Carolina is different, so be sure to talk to an attorney or adoption professional to find out how state law may impact your plan. However, most birth fathers fall into one of three groups: supportive birth fathers, unsupportive birth fathers, and absent or unknown birth fathers.  

Supportive Birth Fathers

Supportive birth fathers share your belief that adoption is the best path for everyone involved and are willing to partner with you. Supportive birth fathers give you the best chance for a smooth adoption experience. They can be married or unmarried but still supportive of the adoption plan.

A supportive birth father can cooperate with you through the adoption by collaborating on the adoption plan, partnering on adoptive family selection, selecting a post-adoption contact arrangement, or creating the hospital plan. If the father supports your plan, birth father rights in North Carolina aren’t an impediment to adoption.

Unsupportive Birth Fathers

There are birth fathers who don’t support the adoption plan, which makes things more difficult. Still, even if an unsupportive birth father objects to your plan, adoption may be an option under the right circumstances.

Some unsupportive birth fathers try to influence pregnant women to have an abortion or parent the baby, whether that’s right for the woman or not. The birth father has a right to contest the adoption plan, but pressuring a pregnant woman results in a tough situation for everyone.

Adoption is more difficult when an unsupportive birth father is involved, but it doesn’t mean placing your child for adoption is impossible. Please consult an adoption attorney or adoption specialist to learn about your rights and the birth father’s rights in adoption in North Carolina.

Absent or Unknown Birth Fathers

It’s okay if you aren’t sure who the father is. Or, you may know the father’s identity but be unable to contact him. In those cases, adoption may still be an option.

State law requires that the birth father’s rights in adoption in North Carolina are protected, but it’s possible to place your child for adoption when the birth father isn’t present to give consent sometimes. It’s wise to speak to an adoption professional or an adoption attorney to learn how to proceed.  

What’s a Putative Fathers Registry, and Is There One in North Carolina?

A putative father is the father, or a man claiming to be the father of a child. It usually describes a birth father who isn’t married to the birth mother when the child is born. The state does not have a putative fathers registry to protect birth father rights in North Carolina. Many states have registries to facilitate paternal claims of parental rights.

Have you wondered, “Does the father have to sign the birth certificate in North Carolina for adoption to be possible?” or, “Can a mother refuse to put father on the birth certificate in North Carolina and still choose adoption?” If so, you should know there’s no easy answer because the details of each situation matter.

In North Carolina, putative fathers can make a paternity claim within 15 days of receiving the required pre-birth notice of adoption. If a claim is made, the putative father must be notified of all legal proceedings related to the child, and he can object to adoption within 30 days of being notified of legal action.

The court rules on the validity of the paternity claim, but filing a claim alone doesn’t prevent adoption since all claims aren’t recognized. Therefore, adoption can still be possible if the father objects to the claim.

To learn more about the paternity laws and birth father rights in North Carolina, consult with an adoption attorney or an adoption professional before moving forward.

Is It Still Possible to Place a Child for Adoption Without Birth Father Consent?

Birth father’s rights in adoption in North Carolina are protected under state law, but that doesn’t mean that it’s impossible to place a child for adoption without paternal consent. Please speak to a lawyer or adoption professional to learn how the law could influence your plan.  

Birth father rights in North Carolina can greatly impact your adoption experience, and understanding the law when considering adoption is helpful. Adoption is still an option sometimes, even without paternal consent. Birth father rights in North Carolina are complicated, so consult an adoption professional or attorney about the birth father’s rights in adoption in North Carolina.

Observing Birth Father Rights in North Carolina in Adoptions

We want to reiterate that this guide isn’t a substitute for professional legal counsel. You should speak with an attorney or adoption professional before taking any action on your adoption plan. Every scenario is different, and the birth father’s rights in adoption in North Carolina will profoundly influence your adoption experience.   

For more information about birth father rights in North Carolina, please speak to an adoption attorney or adoption professional about birth father’s rights in adoption in North Carolina before moving ahead 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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