Birth father’s rights in adoption in West Virginia can be a complicated topic. If you’re considering adoption after an unplanned pregnancy, you should know that birth father rights in WV can impact your adoption plan.
Have you asked, “Must the father consent to the adoption?” or, “What happens if the father doesn’t sign the birth certificate in West Virginia?” You should know that even if your child’s father doesn’t support your decision, adoption can still be an option in some cases.
Each birth mother-birth father relationship is different, and the topic of the birth father’s rights in adoption in West Virginia can be complex. It’s wise to speak to an attorney or adoption specialist about birth father’s rights in WV before moving ahead. You can speak to someone about adoption birth father rights in West Virginia today by completing our online form.
In this guide, we’ve included a primer on birth father rights in West Virginia, but please don’t use it as a substitute for professional legal advice. Always consult an adoption attorney or other professional when researching birth father’s rights in adoption in West Virginia.
Birth Fathers in Adoption: The 3 Main Types
Birth father’s rights in adoption in West Virginia are protected by state law, but there are few absolutes because each scenario is unique. It’s hard to determine how birth father rights could influence your journey on your own, so please consult an adoption professional before moving ahead with your plan.
Birth fathers generally fall into one of three groups: supportive birth fathers, unsupportive birth fathers, and absent or unknown birth fathers.
Supportive Birth Fathers
A supportive birth father embraces your belief that adoption is right for everyone involved. His support can set the stage for a smooth adoption experience, and he can collaborate with you throughout your journey. Supportive birth fathers may be married to the birth mother or unmarried and yet in favor of adoption.
A supportive birth father can cooperate with you on several key components of the adoption process, like:
- Making your adoption plan
- Choosing an adoptive family
- Selecting a post-adoption contact arrangement
- Developing your hospital plan
A supportive birth father often means that respecting the birth father rights in West Virginia won’t be an obstacle to pursuing adoption.
Unsupportive Birth Fathers
Some fathers don’t support the adoption plan, which can make things difficult for everyone else involved. The father has a right to legally contest the adoption in family court, though that doesn’t always prevent adoption from occurring. Sometimes, even when a father is unsupportive, adoption can still be an option following unplanned pregnancy.
Some unsupportive birth fathers attempt to convince pregnant women to get an abortion or keep the child with no regard for what’s right for her. You should know an unsupportive birth father doesn’t mean you can’t place your child for adoption. Speak with an adoption attorney or adoption specialist to learn about the birth father’s rights in adoption in West Virginia.
Absent or Unknown Birth Fathers
It’s okay if you don’t know who the father is or you know him but can’t get in touch with him. The birth father’s rights in adoption in West Virginia must still be observed in those circumstances, but you may still be able to put your child up for adoption without paternal consent. Again, speak to an adoption professional or attorney to learn how to move forward.
Does West Virginia Maintain a Putative Fathers Registry?
State law protects birth father rights in West Virginia, but there is no putative fathers registry that allows men the opportunity to claim paternity of a child. A putative father is the unmarried father, or a man claiming to be the father, of a child.
Are you wondering, “Does the father have to sign the birth certificate in West Virginia for adoption to be possible?” or, “Can a mother refuse to put father on the birth certificate in West Virginia and still choose adoption?” You should know those answers are dependent on the details of your situation.
In West Virginia, a man claiming paternity can petition the court to recognize his parental rights. Once that claim is recognized by the court, the putative father must be notified of any legal proceedings related to the child.
All paternity claims aren’t validated, though. That means a claim itself doesn’t prevent a pregnant woman from pursuing the adoption process. To find out more about the putative fathers and birth father rights in West Virginia, please speak to an adoption attorney or an adoption professional.
Taking the Next Steps in Adoption While Respecting Birth Father Rights in West Virginia
Again, please remember that this guide isn’t a substitute for solid legal advice from a professional. Please discuss your situation with an attorney or adoption professional before taking the next steps. Every situation is unique, and the birth father’s rights in adoption in West Virginia will influence your journey in different ways.
For additional information, please speak to an adoption attorney or adoption professional about birth father’s rights in adoption in West Virginia when moving forward with your adoption plan.
