5 Things People Get Wrong About Birth Fathers in New York
Birth father rights during the process of adoption can get confusing, every pregnant woman’s situation is different and can require a different process regarding the birth father’s involvement. Each state has different laws regarding this subject, and this can be worrisome for pregnant women. Every situation is different. For pregnant women who do not want the birth father involved due to safety concerns, there are steps you can take in order to secure your safety and the safety of the unborn child. For more answers, contact us at Adoption Choices of New York.
1) The Spouse Must Legally Be Notified Of The Adoption
Regardless of paternity, if you are married and seeking adoption in NY, your spouse must legally be notified of the adoption. Your husband will be able to prove paternity after being notified, but because you are married, they will have parental rights. At this point, the birth father will either have to agree to the adoption or fight it in court.
If there is a history of domestic abuse physically or verbally, or the birth father poses a threat, you should notify your adoption professional immediately. Then you will be able to proceed with the adoption without needing his consent.
2) Birth Fathers Can Sue For Parental Custody After Placement
Adoption in New York allows the birth father to sue for parental custody if the child was adopted without his knowledge. This is why you should not lie about knowing who the father is. Birth fathers can sue for custody if they did not give up their parental rights. Birth fathers have the same right as birth mothers if they are married, meaning legally, they are able to fight for their right to raise their child after proving paternity.
3) A Judge Can Terminate A Birth Father’s Paternal Rights
If you are not married to the birth father and you believe they are unfit, or they do not want to give up parental rights but do not intend to help raise the baby, a judge can terminate parental rights. As the birth mother, you have the right to decide what is best for the child.
You will not be alone in this process, though. Adoption agencies in New York will help you through the entire adoption process, including fighting to terminate the birth father’s rights. The adoption professionals at Adoption Choices of New York can help you find legal representation, organize your case and any supporting evidence, and find counseling services if you wish.
4) The Putative Father Registry Affects Adoption
Many states, including New York, offer the Putative Father Registry, which is where men can register themselves in a database if they believe they have gotten a woman pregnant or in case they do without their knowledge. If the birth father has not input his information in the database and cannot be reached, the adoption can proceed without the birth father’s consent. If the birth father is registered, you are able to notify the birth father through this system about the adoption. This makes it easier for the birth father to legally dissolve their parental rights.
5) Birth Fathers Want To Be Involved
The view of adoption can be tunneled and focus only on the birth mother. In many situations where the birth mother and birth father have agreed upon adoption, the birth fathers want to be involved in the entire process. Birth fathers want to be part of choosing the right adoptive family, what kind of adoption you and he will be proceeding with, and any other small decisions regarding the adoption process.
Birth fathers can become a great source of support during the adoption journey. Having another dependable and compassionate partner go through this experience with you can make it easier to work through the emotional moments together. In open and semi-open adoption birth fathers are able to have a connection with their child by remaining in their life through pictures, phone calls, or letters. This is a wonderful piece of adoption that honors the bond a father has with their child even though they are not raising their child.
Birth Fathers In New York Are All Different
Just as every birth mother is different, so is every birth father. There are many who want to be involved in the process as a supportive partner and others who want to sign their rights away and not be involved at all. Knowing birth parent rights will help make the adoption process smoother. Are you considering adoption and don’t know how to involve the birth father? Contact us at Adoption Choices of New York.
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