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My ex and I are splitting up. We already have a beautiful 1 year old daughter and she is pregnant again. She is telling me she wants to give the baby up for adoption. Im totally against this. Im 35 and have a good job. Can she do this without my permission? What do i need to do? Thanks for any help

2006-12-05 01:20:33 · 15 answers · asked by natedog001_72 2 in Pregnancy & Parenting Other - Pregnancy & Parenting

15 answers

Without your consent: NO. Before an adoption can legally take place, the adoption agency has to do all that they can to notify the father of the pending adoption and his parental rights.

Now, be aware that certain states have different laws pertaining to this point. Utah says that the act of copulation is notification enough for a man to know that he may be a father. Colorado's new law says that a man can be notified 90 days before the estimated DD. NOTE: there is a moratorium to claiming your parental rights. If a certain amount of time passes (90 days after birth in most states, and the two exceptions that I noted here) and you don't assert your rights YOU LOSE THEM...and the adoption happens WITHOUT YOUR PERMISSION.

As you know that you have a child on the way, NOTIFICATION HAS ALREADY TAKEN PLACE. You need to keep on top of it (get a lawyer) if you want to retain your rights to this child. Make payments to the mom on a check (as already advised earlier in this session) and solidify your responsibility as a father.

In the end, adoption is not horrible...the children deserve parents who love them and each other. But if you are committed to being a parent, then don't lose your rights.

2006-12-07 03:42:00 · answer #1 · answered by Maddog Salamander 5 · 1 0

Only if she lies about who the father is on the birth certificate taking away your "natural rights." These would then have to be "re-instated" by a court, most likely after blood or DNA testing. Also, they have to try to find the parents (and your right there) before they adopt out the child, so you would be able to contest it. However, if she or the law does not 'tell you' what's going on, how would you know? So, like everyone one else already said, get a lawyer and tell him what she's been saying, she cannot just give away your flesh and blood without your permission. You would have to sign away your parental rights.

2006-12-05 09:37:05 · answer #2 · answered by AdamKadmon 7 · 0 0

She cannot give up the baby for adoption without the consent of the father. After the baby is born, file for custody and child support.

2006-12-05 09:28:49 · answer #3 · answered by Milana P 5 · 0 0

If you really want to assert your rights as father, you have to start supporting the baby - even though it is not yet born. Provide money to the mom for food and shelter. Preferably via checks where you can note on the memo line what the money is for. You can use the cancelled checks as documentation later on to prove that you have financially supported the baby. You also need to make sure that you are providing assistance for your daughter also. Get an attorney ASAP. You cannot wait until the baby is born to assert yourself as a parent.

2006-12-05 14:56:52 · answer #4 · answered by techie_girl 2 · 0 0

Why not look into adoption. Children deserve a loving, two parent home. Sounds like a rough start to life when Dad doesn't love Mom and child #1 enough to stick around. Do the right thing.

2006-12-05 09:48:40 · answer #5 · answered by Anonymous · 1 1

If you are found to be the biological father of the child at or after birth, you have the right to claim custody of that child. If to say you werent the father you could still try to adopt the child. I hope I dont offend you, just dont know the reasons you are breaking up etc... So I tried to cover all aspects. BEST OF LUCK. I am living in Australia if that is helpful.

2006-12-05 09:25:49 · answer #6 · answered by bg_queen05 1 · 2 0

No she can't. Both parents must agree to the adoption. You can get a lawyer and get full custody of the baby. Be sure 2 tell the lawyer what she's planning to do once the baby is born.

2006-12-05 09:26:17 · answer #7 · answered by sissy 2 · 1 0

Technically no, she cannot give your child up for adoption, especially if you contest that the child is yours, and it is proven with DNA testing.

After that point a custody battle would ensue, unless she was willing to give the baby up to you.

I would go ahead adn try talking to her about giving up her maternal rights to the child and allowing you to have full custody. If she refuses to discuss it, call social services so that you can already have a case number and people directing you when and how best to deal with the situation.

2006-12-05 09:25:17 · answer #8 · answered by amosunknown 7 · 1 0

By law, she cannot do much with your child in the concern of adoption, without your consent. She has to have your signature, no if ands or buts about it. If she detests you as the father, have a dna test done. Good Luck

2006-12-05 10:34:08 · answer #9 · answered by Ronald D 1 · 0 0

You need to get yourself a lawyer and find out what your legal rights are. You could go for full custody of both children. You need to be prepared before the baby is born. Have your lawyer file papers beofre the baby is born that you want full custody of the child. She also may be saying it to spite you...but don't take any chances

2006-12-05 12:03:37 · answer #10 · answered by mommy_2_liam 7 · 0 1

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