rights of a father?

[LindaP777]

What is the name of your state? OHIO
Here's the situation. 18 year old girl is pregnant, not married. Realizes too late that the baby's biological daddy (age 19) is a complete looser (high school drop out, no job, abuses drug & alcohol, lives with his parents). She wants to give the baby up for adoption to a couple that can provide for the baby, he (in his delusion) wants to raise the baby himself (but again, he's a looser). Does he have the right to try to raise this baby even if it's against the mother's will?

 

[ceara19]

What is the name of your state? OHIO
Here's the situation. 18 year old girl is pregnant, not married. Realizes too late that the baby's biological daddy (age 19) is a complete looser (high school drop out, no job, abuses drug & alcohol, lives with his parents). She wants to give the baby up for adoption to a couple that can provide for the baby, he (in his delusion) wants to raise the baby himself (but again, he's a looser). Does he have the right to try to raise this baby even if it's against the mother's will?

What do you think the answer would be if you were asking if the complete loser of a father could force the mother into giving a child that is hers that she WANTS to raise up for adoption against her will?

 

[momofrose]

What is the name of your state? OHIO
Here's the situation. 18 year old girl is pregnant, not married. Realizes too late that the baby's biological daddy (age 19) is a complete looser (high school drop out, no job, abuses drug & alcohol, lives with his parents). She wants to give the baby up for adoption to a couple that can provide for the baby, he (in his delusion) wants to raise the baby himself (but again, he's a looser). Does he have the right to try to raise this baby even if it's against the mother's will?

Believe it or not this "loser" has just as many rights to this child (when born) as the mother does. If he wants to raise thebaby - then he does not have to sign away his parental rights and can petition the court for full custody.

By the way - many kids are "lost" at age 19 - does not mean they are "losers"

D

 

[LindaP777]

I truly thought he had rights, just needed to hear it.
Let me ask some "what if's" because this guy is truly not stable and flips all the time.
The father is starting to realize he can not raise the baby by himself (it would interfere with his "high" time). So, if a baby can not be adopted until after it born (true?) what if he agrees to let the baby be adopted and changes his mind after the baby is born? He still can do that?
What if he is incarcerated at the time of the birth of the baby? (Yes, it's possible, as he's involved in criminal behavior frequently.) Does he still have rights? If he wants the baby, who raises it while he's in jail?
What if he gives up his rights and agrees to adoption, but changes his mind a couple of years down the road and decides he wants the baby back? How much time passes before the birth parents have no rights?

 

[Gracie3787]

I truly thought he had rights, just needed to hear it.
Let me ask some "what if's" because this guy is truly not stable and flips all the time.
The father is starting to realize he can not raise the baby by himself (it would interfere with his "high" time). So, if a baby can not be adopted until after it born (true?) what if he agrees to let the baby be adopted and changes his mind after the baby is born? He still can do that?
What if he is incarcerated at the time of the birth of the baby? (Yes, it's possible, as he's involved in criminal behavior frequently.) Does he still have rights? If he wants the baby, who raises it while he's in jail?
What if he gives up his rights and agrees to adoption, but changes his mind a couple of years down the road and decides he wants the baby back? How much time passes before the birth parents have no rights?

Those are too many "what ifs" to be able to answer at this time. There are many "what ifs" that could make the entire question moot- "what if the mother miscarries, what if the baby is still born, what if the father is in a coma or dead, etc? The mother should talk to an attorney about this now, but until the baby is born she is the only one with any rights at all. However, once the baby is born, the father will have the right to petition to establish paternity, custody, consent or contest an adoption, and the right to decide at that time, based on the facts as they exist at time of child's birth.

 

[momofrose]

I truly thought he had rights, just needed to hear it.
Let me ask some "what if's" because this guy is truly not stable and flips all the time.
The father is starting to realize he can not raise the baby by himself (it would interfere with his "high" time). So, if a baby can not be adopted until after it born (true?)

True

what if he agrees to let the baby be adopted and changes his mind after the baby is born? He still can do that?

It depends on your states laws - there is always time to rescind..usually after 72 hours, but it depends on the state.

What if he is incarcerated at the time of the birth of the baby? (Yes, it's possible, as he's involved in criminal behavior frequently.) Does he still have rights?

Yes

If he wants the baby, who raises it while he's in jail?

That depends on the court's decision

What if he gives up his rights and agrees to adoption, but changes his mind a couple of years down the road and decides he wants the baby back? How much time passes before the birth parents have no rights?

You need to educate yourself about adoption - from this question alone it is clear you have no idea what is involved and what the legality of it all means. Once an adoption is finalized - the adoption is finalized - there are not more "rights" of the birthparents.

D

 

[Ohiogal]

[§ 3107.08.4] § 3107.084. Withdrawal of consent.


(A) A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered. The consent of a minor is not voidable by reason of the minor's age.


(B) A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor for adoption.

 

[Ohiogal]

Let me ask some "what if's" because this guy is truly not stable and flips all the time.
The father is starting to realize he can not raise the baby by himself (it would interfere with his "high" time). So, if a baby can not be adopted until after it born (true?)

True.

what if he agrees to let the baby be adopted and changes his mind after the baby is born? He still can do that?

Yep and he can do it six months after according to law in Ohio. Because it takes six months for an adoption to become final.

What if he is incarcerated at the time of the birth of the baby? (Yes, it's possible, as he's involved in criminal behavior frequently.) Does he still have rights? If he wants the baby, who raises it while he's in jail?

Yes he still has rights. Momofrose is wrong though -- it is NOT up to the court. If mom does nto want the child then dad can appoint someone to have guardianship for the child to raise the baby until he is released when he would get custody.

What if he gives up his rights and agrees to adoption, but changes his mind a couple of years down the road and decides he wants the baby back? How much time passes before the birth parents have no rights?

Once an adoption is fina, it is final. There is a six month waiting period from when the petition to adopt if filed. He has that long. As does she. After that when the parent's rights are terminated it is too late.

 

[LindaP777]

Thanks for all the info. It kinda scary that a couple could plan to adopt the baby, love it & care for it for over 5 months, than have the baby taken away from them by either of the birth parents who suddenly have changed their minds. It's a wonder they find anyone to adopt babies if they can be taken away from the adoptive parents within the first 6 months. I'm not sure I could put my heart on hold for 6 months while the biological parents make up their minds.

 

[nextwife]

Thanks for all the info. It kinda scary that a couple could plan to adopt the baby, love it & care for it for over 5 months, than have the baby taken away from them by either of the birth parents who suddenly have changed their minds. It's a wonder they find anyone to adopt babies if they can be taken away from the adoptive parents within the first 6 months. I'm not sure I could put my heart on hold for 6 months while the biological parents make up their minds.

I can tell you that was one consideration when we chose to adopt our daughter from an orphanage. It was non-reversable the day she came home with us.

 

[LindaP777]

OK. The 18 year old girl went to Catholic Family Services (not sure if that was exactly the name) and they told her that if she does not list the birth-fathers name on the birth certificate, that they will run an ad in the paper "if you could be the father of the baby born to xxx, on this date xxx contact us". If he fail to contact them, then after 30 days (?) the adoption con proceed without him. True or not true?

I thought a father had to be listed on the birth certificate?

If she were keeping the baby, does he have to list the father on the birth certificate? (I was thinking it might make a difference on who was going to support the baby (father or state).)

 

[nextwife]

OK. The 18 year old girl went to Catholic Family Services (not sure if that was exactly the name) and they told her that if she does not list the birth-fathers name on the birth certificate, that they will run an ad in the paper "if you could be the father of the baby born to xxx, on this date xxx contact us".

She's being advised to FRAUDULENTLY claim to not know who the father is?

http://laws.adoption.com/statutes/ohio-laws,3.html
Who Must Consent to an Adoption
Statute: § 3107.06

* The mother
* The father:

o If the child was conceived or born while he was married to the mother
o If he is the adoptive father
o If he has established paternity
o The putative father
o Any agency or person having permanent custody
o The court having jurisdiction to determine custody

Age When Consent of Adoptee is Considered or Required

Statute: § 3107.06

* A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive the requirement.

When Parental Consent is not Needed
Statute: § 3107.07

* The parent has failed to contact or provide for the child for 1 year.
* The putative father has failed to register with the putative father registry within 30 days of the child’s birth.
* The putative father is not the actual father or has abandoned the child before or after birth.
* The parent has relinquished rights or has had parental rights terminated.
* The father or putative father is convicted of a rape that results in the conception of the child.
* A guardian or custodian withholds consent unreasonably.
* A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.

When Consent Can Be Executed

Statute: § 3107.08(A)

* Consent cannot be executed until at least 72 hours after the child's birth.

How Consent Must Be Executed

Statute: § 3107.08

* Consent must be executed in the following manner:

o If by the adopted person, in the presence of the court
o If by an agency, before an authorized person
o If by another person, before the court or an authorized person
o If by a court, by an appropriate order

Revocation of Consent

Statute: § 3107.084

* A consent is irrevocable except if consent is withdrawn prior to the:

o Entry of the interlocutory order
o Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person

 

[Ohiogal]

OK. The 18 year old girl went to Catholic Family Services (not sure if that was exactly the name) and they told her that if she does not list the birth-fathers name on the birth certificate, that they will run an ad in the paper "if you could be the father of the baby born to xxx, on this date xxx contact us". If he fail to contact them, then after 30 days (?) the adoption con proceed without him. True or not true?

I thought a father had to be listed on the birth certificate?

If she were keeping the baby, does he have to list the father on the birth certificate? (I was thinking it might make a difference on who was going to support the baby (father or state).)

An adoption agency just got in MAJOR trouble for this in Ohio. She needs to list who the dad is. Not say she does not know. She would also have to tell the court the alleged father's name.

 

[LindaP777]

Thanks for that info, Ohiogal! I'm most appreciative!