Can I Choose Adoption in New York Without Birth Father’s Consent?
Putting your baby up for adoption comes with its own set of worries, but when the birth father poses a threat or is absent altogether, you may be stuck with a new set of hurdles. The adoption process in New York offers solutions to birth mothers who want to place a child for adoption but have a complicated relationship with the birth father. Depending on your circumstances, a birth father’s consent can be completely cut out of the adoption plan legally. Adoption Choices of New York offers counseling and answers to your questions about adoption and the rights of both you and the birth father. If safety is a concern, please do not hesitate to reach out. We can help protect you and your unborn child throughout the pregnancy and aid in connecting you with legal help if necessary.
Do Birth Fathers Have Rights During the Adoption Process?
The short answer is yes, birth fathers have the same rights as you, the birth mother. However, there are circumstances that change adoption in NY in regards to consent from the birth father. All states have various laws and regulations, but both parents initially have parental rights in the state of New York.
You do not sign away your parental rights during the adoption process until after the child is born. That gives you the ability to rescind the decision to place your child for adoption. If the birth father is giving consent to adoption, this is where he would sign off his rights. After you sign away your parental rights, you have thirty days to change your mind and, in some cases, will have to prove you are the better option for the child.
If you do not want the birth father to be involved, there are certain situations that will give you legal grounds to proceed with the adoption plan without the birth father’s consent. There are certain circumstances that can require a judge’s decision beforehand.
What Circumstances Will Allow Me To Adopt Out My Baby Without The Birth Father’Consent?
If the birth father presents any type of threat to you and your unborn child, get out immediately. Contact us or a family member that can help. Any abuse that has been documented, such as recordings, court proceedings, or pictures, will aid in any legal action taken to ensure the birth father has his rights revoked.
If the birth father is absent or disappears, you are able to go to a judge about getting his rights revoked. There is a high chance you will be asked to attempt to find him, but if he is unreachable or openly does not want to be involved, you will most likely be awarded sole parental rights. You can possibly go as far as having him sign his parental rights away to present to a judge.
If you are unsure who the father is, you may not need consent. Or if you are married and your spouse is not the baby’s father. Many women fear these are circumstances that will stop them from adoption, but that is not the case. In most states, the birth mother has a say in adoption unless the birth father pursues legal action in order to stop the adoption. If you think the baby’s father will, at some point, attempt to gain, parental rights to the child post-placement, speak to your adoption specialist about legal counsel in order to revoke his parental rights.
Other situations where the birth father’s involvement may not be legally needed include: if the father is in jail, if he is unsupportive, if he is not consistently in your life, and if he does not have adequate means to support the baby, including a job and housing.
How Can Adoption Agencies Near Me Help?
Adoption agencies provide all sorts of help and guidance. We can help you get financial aid from state programs, find housing for you during your pregnancy if necessary, and collect resources for counseling services. At Adoption Choices of New York, we strive to make your pregnancy and adoption journey as smooth as possible. Birth fathers aren’t always in the picture, or they aren’t supportive. That’s why we want to provide as much stability and help for you as possible, including your legal rights to eliminate the birth father’s involvement if needed.
Is Adoption Possible Without The Birth Father’s Consent?
Laws vary from state to state, but yes, it is possible. New York leans towards birth mother’s rights, and there are many circumstances in which a judge can terminate the birth father’s rights. In some cases, you do not need to go to a judge at all. Are you worried about the birth father in any way? Contact us so we can help.
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