adoption question

[kellybrian]

What is the name of your state?Maryland
I was contacted through friends of a birthmom interested in giving up her child for adoption.Here is the situation the birthmother is married -however,she is unsure if her husband or this other guy is the biological father.My understanding is legally the husband is the legal father.Would this other guy be a putative father.I am unsure how this situation should be approached.Also is there a form which can be signed off on for the putative father to waive all rights to this baby and can this be signed while the mom is still pregnant.I am not sure of the rights of this other guy opposed to the rights of her husbands.Please I would appreciate any help...thanks

[nextwife]

Don't presume anything. GET an adoption attorney and make certain, for the sake and security of your future child, that all is done properly. Adoption is NOT a do-it-youyrself legal task. It is so NOT worth the risk of anything being missed that may allow an adoption challenge.

Personally, I'd want BOTH the bio father AND the husband to agree to sign off rights, just to cover all bases. That cannot be done until birth.

Here is the Maryland Adoption Statute Summary.
[url]http://www.adoptionsolutions.com/general/state%20laws/md_law.htm[/url]

Consent to Adoption
The following people must consent to the adoption:

1. natural mother;
2. natural father (the natural father is considered the man who was married to the mother at the time of conception or birth, is named on the birth certificate, is identified by the mother, has been adjudicated the father by the court, or has acknowledged himself to be the father and the natural mother agrees. If a man claims to be the father but he does not meet the criteria, a hearing will be held on the issue of paternity.);
3. the adoptee, if 10 years of age or older; and
4. the child-placing agency, if the child is in its custody.
Consent is not required by the natural parent in the following circumstances:
1. the child is abandoned;
2. the natural parents' rights have been terminated;
3. the child has been ruled to be abused, neglected, in need of services, or a dependent child;
4. the court finds that the adoption is in the best interest of the child, and
the child has not been in the parent's custody for at least 1 year,

the conditions that led to this separation from the parent still exist,

there is little likelihood that those conditions will be remedied, and

the continuation of the parent-child relationship would reduce the child's chances of early integration into a stable and permanent family; or
5. a stepparent, relative, or other individual has had physical care and control of the child for at least six months and the court finds

it is in the child's best interest to terminate the parental relationship,

the child has not been in the parent's custody for at least 1 year,

the child has developed ties with the people who have custody, or

the natural parent has not maintained contact with the child, has failed to contribute to the child's care and support, or has been convicted of child abuse.
6. if the parent(s), after being notified of the pending adoption, does not file a notice of objection within a given period of time (the law outlines the "good faith effort" that must be made to notify).
Consent may be revoked within 30 days after it is filed, or any time before a final decree of adoption is entered, whichever occurs first.