Consent to adopt - later recourse???

[jun09]

I am from VA. I recently received a consent to adopt request from a woman claiming I am the birth father of her child. Her husband would like to legally adopt this child.

The thing is, I was not present at the birth nor ever since and I never acknowledged paternity, yet she has me on the birth certificate as the birth father. It seems to me if she had not put my name as birth father we would not now be at this point where she has to request my consent of this adoption, but that is neither here nor there.

What I need to know is:

Will signing this consent of adoption form bind me in any way that can later be used against me?

Am I acknowledging paternity by signing this consent form?

Is there going to be any later recourse for the birth mother to collect money from me or file any other sort of case against me?

I am not opposed to the adoption, but I do not want to open the door to premeditated actions against me at a later time. I really hope this would not be the mothers [or adopting fathers] intentions, but with the constant 'overlawyering' of our society you can never be too careful.

Please help me out! Thanks.What is the name of your state (only U.S. law)?

[JETX]

Your best bet would be to have a paternity test to confirm you are the father of the child. Once paternity is established, then you can ask them to have their attorney draft an agreement where you will waive any parental rights in return for a release from any support obligation.

[jun09]

Originally Posted by JETX

Your best bet would be to have a paternity test to confirm you are the father of the child. Once paternity is established, then you can ask them to have their attorney draft an agreement where you will waive any parental rights in return for a release from any support obligation.

That makes sense... but... kind of contradicts other info i have obtained...
i was under the impression once you consent the adoption all parental rights and responsibilities are shifted from birth father to adopting father. therefore I guess i WOULD be acknowledging paternity by signing.

that would include support obligations EXCEPT if the birth mother had filed for support while receiving benefits from the state or fed gov. In that event the state can always opt to collect support in arrears.

Are you proposing an agreement to protect against this collection by the state or am I mistaken in my assumptions? (If so, I don't really see how that would work.)


btw i have never been contacted by the courts and never had a paternity test so i don't really think support has been filed for. i would basically like some confirmation that my understanding of the law is correct and i want to be sure i am not missing something.

[Blue Meanie]

It's POSSIBLE that you were declared the father and you just don't know it. DO NOT SIGN ANYTHING without a paternity test.

[JETX]

Originally Posted by jun09

i was under the impression once you consent the adoption all parental rights and responsibilities are shifted from birth father to adopting father. therefore I guess i WOULD be acknowledging paternity by signing.

That is correct. I was not under the impression (from your post) that you were willing to accept paternity. Also, I don't recommend ANYONE waiving their rights (parental) without you even knowing if you HAVE that right.

that would include support obligations EXCEPT if the birth mother had filed for support while receiving benefits from the state or fed gov. In that event the state can always opt to collect support in arrears.

That is also correct..... and another reason to confirm or deny paternity.

Are you proposing an agreement to protect against this collection by the state or am I mistaken in my assumptions? (If so, I don't really see how that would work.)

Yes. It would protect you from a support claim if the paternity test were to prove you were not the father. As for your concern about being 'found', your name on the birth certificate alone is sufficient for an obligation to support.

[jun09]

even if that name was without me being notified or present? wow