Paternity of Child & Mother wanting to adopt out.

What is the name of your state? CA

My 22 year old son is in the middle of a paternity case with a woman he had a short relationship with. The child was born on Dec 30, 2003, the mother wants to adopt the child to a friend of the family. My son is opposed to the adoption if the paternity test prove that he is the father. The mother gave the adopting family the baby boy within a week of being born. Of course they have a lawyer and that can be very intimidating, especially when notice is served that they want to terminate his parental rights. He filed is papers with the Sacramento County Court two weeks after the birth to request a paternity test. Any advise on what his rights are and his chances of getting full custody of his son?

Thank you!

#1 - Your son needs a lawyer NOW. A mother cannot just give a newborn away, especially when the issue of paternity is before the court.

The mother will have to notify your son of the adoption proceedings.

This is from the NAIC website:

Registry/Paternity Requirements to Receive Notice
Statute: Fam. Code 7662, 7663, 7666

" Must bring an action declaring the existence of a father child relationship within 30 days of service of the notice of adoption proceedings or the birth of the child, whichever is later.

To identify the natural father, the court shall cause inquiry to be made of the birth mother.

Notice given at least 10 days prior to a proceeding to every person identified as the natural father or the possible natural father."

I'm not an attorney, but it appears Mom will have to notify your son of any intentions she has to place the child up for adoption. It is great that your son has asked for a paternity hearing to protect his rights. As far as your son getting custody - who knows?

I hope I've helped you a bit. Hopefully somebody with more knowledge will come along and give you more info.

Good luck