going for adoption

What is the name of your state? Ma. If a Mother has sole custody of a child, can she give that child up for adoption without notifying the Father?

q&ajth said:

What is the name of your state? Ma. If a Mother has sole custody of a child, can she give that child up for adoption without notifying the Father?

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When you say sole custody, has paternity been established and custody been given to the mother by the courts? The biological father needs to be notified. If he is unknow or his whereabouts are unkown MA. probably has a legal notice statute where you can put notice in the paper that said child will be adopted by such and such a date. Also there is caselaw that shows the courts finding adoption of a child does not terminate a parents duty to provide support.

http://www.lawlib.state.ma.us/adoption.html

Being as Massachusetts has some of the most archaic law when it comes to children born out of wedlock, if the child was born out of wedlock, no paternity established, and not previously adopted, the father does not have to give consent.

http://www.mass.gov/legis/laws/mgl/210-2.htm

The child was born out of wedlock. Paternity has been established. No courts have yet been involved. The Father has seen the child 3 times since birth (the child is 1yr old) and has not supplied any financial support.

I'm certainly not a lawyer, and am only basing my answer off what I've been told and learned myself.

If paternity has been established then the child's father must be informed that the mother wishes to place the child for adoption. And if no courts have been involved then the mother doesn't have *sole custody* even if the child has always lived with her and never the father. I believe custody can only be officially established through the courts. I THINK there is a loophole, where if a parent has had NO contact with the child, or other parent, for over a year that the parent is considered to have no parental rights... but I could be very wrong about that. Plus, from what you've said that doesn't apply to this situation anyway.

q&ajth said:

The child was born out of wedlock. Paternity has been established. No courts have yet been involved. The Father has seen the child 3 times since birth (the child is 1yr old) and has not supplied any financial support.

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Legally, UNTIL there is a court order, he is not "obligated" to pay any child support. AS a matter of fact, most states consider any non-ordered support, paid directly, as a "gift" and not child support. It is not abandonment to not pay at this point.

Do you not believe the father would allow an adoption if he is so disinterested?

CMSC said:

When you say sole custody, has paternity been established and custody been given to the mother by the courts? The biological father needs to be notified. If he is unknow or his whereabouts are unkown MA. probably has a legal notice statute where you can put notice in the paper that said child will be adopted by such and such a date. Also there is caselaw that shows the courts finding adoption of a child does not terminate a parents duty to provide support.

http://www.lawlib.state.ma.us/adoption.html

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If you were looking at the case of "Marlene", your statment is not true. The father signed an adoption consent form terminating his rights, but the child was never adopted, therefore, his obligation to pay support continued.